Allahabad High Court
Engineer Binod Kumar Mishra vs U.P. Power Corporation Ltd. And Others on 9 August, 2010
Bench: Sheo Kumar Singh, Devendra Kumar Arora
Court No. - 29 Case :- WRIT - A No. - 46674 of 2010 Petitioner :- Engineer Binod Kumar Mishra Respondent :- U.P. Power Corporation Ltd. And Others Petitioner Counsel :- Ranjit Saxena Respondent Counsel :- C. S. C.,Pankaj Kumar Shukla Hon'ble Sheo Kumar Singh,J.
Hon'ble Devendra Kumar Arora,J.
Heard Sri Saxena, learned Advocate who appeared for the petitioner and Sri Pankaj Shukla, learned Advocate who appeared for the Power Corporation.
Prayer in this petition is for quashing the order dated 24.6.2010 (annexure no. 2) by which petitioner was suspended and the order dated 24.7.2010 (annexure no. 19) by which the petitioner was transferred.
Petitioner is working as Assistant Engineer and while he was posted at Chandauli by order dated 24.6.2010 he was placed under suspension.
From the record it appears that by another order dated 24.7.2010 passed by the Managing Director petitioner has been reinstated pending enquiry.
It is thereafter by another order dated 24.7.2010 petitioner has been directed to be transferred to sub division Jaunpur. There is no dispute that district Chandauli and Jaunpur both comes within the same region i.e. Varanasi.
Sri Shukla, learned Advocate submits that admittedly charge sheet has been submitted/served and it is for the petitioner to co-operate by submitting his reply.
Sri Shuikla assures the court that if reply is submitted within a period of ten days from today and there is full co-operation from the side of the petitioner then needful will be done but at the same time a direction is required to be given.
Sri Saxena, learned Advocate states that petitioner will do the needful.
On the facts of the present case and in view of the assurance as given by the learned counsel for the Power Corporation, the matter is to be finalised with all expedition preferably within a period of six weeks from the date of receipt of certified copy of this order.
It is made clear that this court has not expressed any opinion on merits and thus while deciding the claim of the petitioner it will be independent exercise of the concerned authority. Order Date :- 9.8.2010 Sachdeva