Allahabad High Court
Smt. Sunita Agnihotri vs State Of U.P. & Others on 4 February, 2010
Author: Amreshwar Pratap Sahi
Bench: Amreshwar Pratap Sahi
Court No. - 38 Case :- WRIT - A No. - 6011 of 2010 Petitioner :- Smt. Sunita Agnihotri Respondent :- State Of U.P. & Others Petitioner Counsel :- Kamal Singh Yadav,Ray Sahab Yadav Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is a Clerk in the Office of District Supply Officer, Jhansi. She has been suspended on account of lodging of a First Information Report dated 1.11.2009 under Sections 3/4 of Essential Commodities Act. The incident relates to the shortage of stocks of a fair price shop. The fair price shop owner came before this Court against the suspension of her licence in Writ Petition No. 61138 of 2009 on 26.11.2009 and the following order was passed on 26.11.2009:
"Heard learned counsel for the petitioner and the learned Standing Counsel and perused the averments made in the writ petition, its annexures and counter affidavit and rejoinder affidavit exchanged between the parties.
The petitioner's fair price shop licence has been placed under suspension on the ground that certain discrepancies were found in the stock. A First Information Report under Section 3/7 of the Essential Commodities Act, 1955 was also lodged in which a final report has been filed by the Investigating Officer stating that the petitioner is not involved. In this view of the matter, we are of the considered opinion that the petitioner's fair price shop licence ought not to have been suspended. However, the petitioner may submit his reply to the show cause notice within two weeks from today before the District Supply Officer, Jhansi, respondent no.4, who shall pass an appropriate order in accordance with law within one month thereafter. Till the order is passed by the District Supply Officer, Jhansi the impugned order dated 4.11.2009 shall be kept in abeyance.
With the aforesaid direction the writ petition stands disposed of."
The petitioner has been favoured with an order of stay of arrest by this Court in Writ Petition No. 23804 of 2009 on 19.11.2009 in the following manner:-
"1. Smt. Sunita Agnihotri (Petitioner) has filed this writ petition against the FIR dated 1.11.2009 in case crime no. 1586 of 2009 under section 3/7 of Essential Commodities Act, 1955 Police Station Sipri Bazar , District Jhansi.
2. Connect it with leading Criminal Misc. Writ Petition No. 22891 of 2009. Issue Notice. Notice on behalf of the State of UP and the State officials has been accepted by AGA. Issue notice to the private respondent by the registered post. List for admission after service upon the private respondent.
3. In the meantime, investigation may go on, but the petitioner will not be arrested till the next date of listing or till submission of the police report under section 173(2) CrPC (whichever is earlier) provided he cooperates in the investigation."
Learned counsel for the petitioner contends that the petitioner has no objection if any inquiry is being conducted but in the circumstances indicated, there was no occasion for having suspended the petitioner as the petitioner's continuance in service would in no way prejudice the inquiry.
The petitioner has also undertaken to cooperate with the inquiry.
Accordingly, the order dated 10.12.2009, in so far as it suspends the petitioner, shall remain in abeyance and the inquiry shall be concluded as expeditiously as possible preferably within a period of 3 months from the date of production of a certified copy of this order before him.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 4.2.2010 Irshad