Allahabad High Court
Brajesh Kumar Pandey vs State Of U.P. And 3 Others on 21 November, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 17922 of 2019 Petitioner :- Brajesh Kumar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhupendra Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
With the consent of learned counsel for the parties, the writ petition is being disposed of at this stage without calling for a counter affidavit.
By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 15.2.2019 passed by the second respondent, whereby the petitioner has been placed under suspension as well as the enquiry report dated 29.6.2019 submitted by the third respondent.
It appears from the record that the petitioner is serving as Lekhpal, Area Baheri, Tehsil Naraini, District Banda. By the impugned order dated 15.2.2019 he has been placed under suspension on the ground that he had taken bribe, which is evident in the Whatsapp video and secondly, he has violated the provisions of U.P. Government Servants Conduct Rules, 1956. The charge sheet was issued to the petitioner on 12.4.2019 to which he had submitted his reply on 18.4.2019. Finally, the enquiry officer has submitted the impugned enquiry report before the second respondent on 29.6.2019. The matter is ceased with the competent authority i.e. Sub Divisional Magistrate, Naraini, District Banda.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the Sub Divisional Magistrate, Naraini, District Banda to take final call in the matter within a period of three weeks from the date of receipt of certified copy of this order.
Order Date :- 21.11.2019 RKP