Allahabad High Court
Rajkumar Gangwar vs State Of U.P. And 3 Others on 13 July, 2020
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 4859 of 2020 Petitioner :- Rajkumar Gangwar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
The present petition has been filed challenging the suspension order dated 27th March, 2019. The counsel for the petitioner argues that three persons of a Committee were suspended. He submits that the petitioner was a member of an Examination Committee and with regard to certain allegations on the conduct of the examination, all the three persons of the Committee were placed under suspension and FIRs were also lodged. He further submits that despite more than one year having passed neither the petitioner has been paid any subsistence allowance nor has any charge-sheet been issued, which is nothing but a violation of rights of the petitioner under Article 21 of the Constitution of India.
He further states that this Court vide order dated 26.6.2020 had directed the payment of subsistence allowance within a period of one week, however, the same has not been complied with. The petitioner in this regard brought on record the facts regarding non-payment by means of a supplementary affidavit, which is taken on record. Sri Ranjeet Saxena further argues that in respect of other two members of the Committee, the Lucknow Bench of this Court has already passed orders in Service Single No. 5762 of 2020 (Rameshwar Kumar Mishra v. State of U.P.) and Service Single No. 7361 of 2020 (Ram Raj v. State of U.P.), whereby the Lucknow Bench of this Court has stayed the suspension order with liberty to conclude the departmental enquiry. Counsel for the petitioner argues that on the similar grounds, the petitioner is also entitled to the same benefit as have been accorded to the other two members.
Considering the facts as argued before this Court, the writ petition is disposed off with liberty to conclude the disciplinary enquiry, in accordance with law. Till the conclusion of the departmental enquiry, the suspension order of the petitioner dated 27.3.2019 shall remain stayed.
The writ petition is disposed off with the said direction.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 13.7.2020 SR