Raj Kumar Sharma v. State Of U.P. And 3 Others

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing of the order dated 19.5.2022 whereby he has been placed under suspension on a definite charge of not recording adverse entry awarded by way of punishment in the character role of the delinquent employee. It is argued on behalf of the petitioner that in view of the subsequent letter issued on 12.6.2022 by the Additional Superintendent of Police, District Shamli, it transpires that some preliminary enquiry was still pending. However, per contra learned Standing Counsel has argued that as per letter dated 12.6.2022 it is relating to the fixing of liability of a particular person or the official for not reverting the delinquent employee who had been visited with the punishment of adverse entry and, therefore, that cannot be mixed up with the order of suspension so as to make out a ground that the order of suspension has been passed without holding preliminary enquiry.

Having heard learned counsel for the respective parties and their arguments raised across the bar, I find that the order of suspension has been passed placing the petitioner under suspension in contemplation of a formal enquiry. The charge is definitely made out in the suspension order and so far as the subsequent order dated 12.6.2022 is concerned that of course relates to a different preliminary enquiry for fixing liability upon official for not reverting an employee as a consequence of the punishment, and, therefore, I find merit in the argument of the learned Standing Counsel that the letter dated 12.6.2022 cannot be mixed up with the suspension order. In view of the above, I am not inclined to interfere with the order of suspension. However, if is hereby provided that chargesheet, if already not issued, shall be issued to the petitioner within a period of three weeks. The petitioner shall submit a reply within a further period of two weeks.

Thereafter, if any oral enquiry is held and the petitioner also wants the same, the same shall be held strictly in accordance with law and thereafter, the disciplinary proceedings shall be concluded within a further period of three months. With the aforesaid observations and direction, this petition stands disposed of. Order Date :- 27.6.2022 Deepika Reason: Location: High Court of Judicature at Allahabad