Shishir Kumar, J. - (1.) Heard Mr. M. D. Singh "Shekhar", learned Senior Advocate, assisted by Mr. R. D. Tiwari, learned Counsel for the Petitioner and learned Standing Counsel for the State -Respondents.
(2.) Petitioner is aggrieved by the order of suspension dated 08.07.2010 by which Petitioner, who is working as Excise Inspector, Jhansi, has been suspended by the Excise Commissioner. According to the Petitioner, the charges levelled against him are not such which can led to the major punishment like termination, dismissal or removal, therefore, the order of suspension is not warranted. Further submission has been made that the order of suspension clearly shows that it is an order of non -application of mind because the letter dated 08.07.2010, signed at Jhansi, cannot be taken into consideration for the purposes of initiating action against the Petitioner. This clearly goes to show that the disciplinary authority was predetermined without any material to pass an order of suspension against the Petitioner. In such circumstances, learned Counsel for the Petitioner submits that the order of suspension is bad in law. Further, reliance has been placed upon a judgment of this Court reported in : (2008) 3 UPLBEC 2276; Shyam Singh Yadav v/s. State of Uttar Pradesh and Ors. Placing reliance upon the aforesaid judgment, learned Counsel for the Petitioner submits that according to Rule 4(1), if no material on record is there to demonstrate that objective consideration has been made by the competent authority prior to passing of the order impugned, the order cannot be sustained and is liable to be quashed.
(3.) On the other hand, learned Standing Counsel has submitted before this Court that as it is a case of suspension pending inquiry, therefore, it will be appropriate that the disciplinary inquiry against the Petitioner be completed within a specific period and if according to the Petitioner there is no charge prima facie, then he will be exonerated in the disciplinary proceeding. Therefore, at this stage, there is no occasion to pass an affirmative order.;