Allahabad High Court
Rakesh Kanaujiya vs State Of U.P. Thru Prin.Secy. Home & Anr. on 5 August, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 2622 of 2007 Petitioner :- Rakesh Kanaujiya Respondent :- State Of U.P. Thru Prin.Secy. Home & Anr. Petitioner Counsel :- A.P. Singh Respondent Counsel :- C.Sc.. Hon'ble Shabihul Hasnain,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner has been placed under suspension on 13.4.2007, no charge sheet has been issued against him. Learned counsel for the petitioner apprehends that once a government employee is placed under suspension, the charge sheet is not served for months together placing the employee under social embarrassment.
The suspension is a matter, in which only the executive authority should normally be allowed to look into the charges. However, the suspension should also not be resorted to keep an employee eternally under suspension.
Accordingly, this Court directs the opposite parties to complete the inquiry within the stipulated period. The opposite parties will issue charge sheet to the petitioner, if not already issued, within a period of fifteen days from the date a certified copy of this order is placed before him. The petitioner will file reply to the charge sheet within fifteen days from the date the charge sheet is received by him. Thereafter, the opposite parties shall proceed to conclude the inquiry within a period of one month. On completion of inquiry the opposite parties shall issue show cause notice to the petitioner within fifteen days to which the petitioner shall submit his reply within fifteen days thereafter. The opposite parties shall pass final order within fifteen days from the date of receipt of the reply of the petitioner to the show cause notice. The petitioner shall cooperate with the inquiry, failing which this order shall be of no avail. However, in case despite cooperation of the petitioner, the inquiry is not completed as directed above, the petitioner shall have the -2- liberty to approach the Court once again.
With these observations and directions, the writ petition is finally disposed of.
Order Date :- 5.8.2010 Om.