Allahabad High Court
Swami Anand Sumiran @ Jagat Singh Rawat vs State Of U.P. And 2 Others on 4 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:156630 Court No. - 35 Case :- WRIT - A No. - 12734 of 2023 Petitioner :- Swami Anand Sumiran @ Jagat Singh Rawat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tarun Jha,Suvansit Kumar Jaiswal,Vipul Raj Gautam Counsel for Respondent :- CSC,Rohit Pandey Hon'ble Vikas Budhwar,J.
Heard Sri Suvansit Kumar Jaiswal learned counsel for the writ petitioner as well as Sri Manoj Vashisth learned Standing Counsel who appears for the State respondent and Sri Rohit Pandey learned counsel who appears for second and third respondents.
The case of the writ petitioner is that though earlier his name was Jagannath Singh Rawat but he undertook proceedings and his name now stands changed to Swami Anand Sumiran alias Jagat Singh Rawat. According to the writ petitioner he was appointed as a daily wage employee Group C in the year 1992 in the University in question, however, he was slapped with certain criminal proceedings while lodging of the first information report Case Crime No. 348 of 2002 under Section 468, 471 and 420, I.P.C. Police Station Chikkadpally, District Hyderabad. As he was languished in jail for more than 48 hours, thus, he was placed under suspension on 06.09.2002. learned Counsel for the writ petitioner has invited the attention of the Court towards Annexure 6 at page 49 of the paper book being the proceedings in C.C. No. 1324 of 2004 decided on 06.01.2014 by the Court of 9th Additional Chief Metropolitan Magistrate whereby the writ petitioner along with the two others have been acquitted. As per the writ petitioner no criminal appeal has been filed reference whereof has been made in para 13 of the writ petitioner and according to the writ petitioner has stated in para 9 he has not been paid full subsistence allowance.
Prayer in the present petitioner is for quashing of the suspension order and in alternative to decide the representation of the writ petitioner.
Sri Rohit Pandey learned counsel who appears for the contesting respondents submits that the issue as to whether the order acquitting the writ petitioner has been put to challenge or not is a matter to be dealt with in detail and further so far as the relief sought for reinstatement of service is concerned the same depends upon the fact as to whether the University has issued a charge sheet or an independent decision is to be taken for holding departmental proceeding irrespective of the fact as to whether the acquittal will play a role or not and the payment of subsistence allowance, he submits that the writ petitioner may represent his cause before the third respondent who shall address the claim of the writ petitioner.
Sri Manoj Vashisth learned Standing Counsel adopts the submission of the third respondent and according to him he has nothing to add.
Learned Counsel for the respondents have made a further statement that they do not propose to file any response to the writ petition.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of without seeking any response granting liberty to the writ petitioner to represent his cause before the third respondent along with the self attested copy of the writ petition and on the receipt of the same the third respondent shall proceed to decide the claim of the writ petitioner strictly in accordance with law within a period of one month from the date of production of the certified copy of the order.
Order Date :- 4.8.2023 Rajesh