SUBAHSH TIWARI Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2011-2-287
HIGH COURT OF ALLAHABAD
Decided on February 23,2011

SUBAHSH TIWARI Appellant
VERSUS
State Of U.P.And Others Respondents

JUDGEMENT

SUDHIR AGARWAL, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner has sought a mandamus commanding the respondents to grant annual increments to him which have not been allowed since 1986. The petitioner was placed under suspension on 28.11.1986 in a contemplated departmental enquiry. It is said that no departmental enquiry was initiated at all but by order dated 16th July, 1992, Senior Superintendent of Police, Azamgarh reinstated the petitioner observing that he was placed under suspension being implicated in a criminal case. It is interesting to notice that order of suspension nowhere mention the pendency of criminal case but clearly says that departmental enquiry is contemplated hence the petitioner is placed under suspension. Thereafter the petitioner appears to have made several representations to the authorities concerned about his increments and the matter remains pending between authorities hence this writ petition.
(3.) IN the counter affidavit, respondents have taken stand that since petitioner was involved in a Criminal Case No.303 of 1986 (S.T. No.3807 of 1991) under Sections 467, 468, 420 I.P.C. read with Section 82/83 Registry Act in the Court of Chief Judicial Magistrate, Deoria hence no decision was taken with respect to grant of increment in his matter and the same would be decided after decision in the aforesaid criminal case.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.