Hon'ble Sudhir Agarwal, J. - (1.) HEARD Sri Vinod Sinha, learned counsel for the petitioner and Sri Pankaj Kumar Shukla, learned counsel appearing for the respondents. With the consent of learned counsel for the parties, I proceed to decide the matter finally at this stage under the Rules of the Court. Assailing the order of suspension dated 29.12.2011 Sri Vinod Sinha, learned counsel for the petitioner contended that a reading of the entire order nowhere shows that the same has been passed on a contemplated or pending departmental enquiry and hence it is illegal and contrary to the statute which permits suspension of an employee/ officer in a contemplated or pending departmental enquiry.
(2.) THE question whether such an order of suspension would be valid, came up for consideration before a Division Bench in Meera Tiwari (Smt.) Vs. Chief Medical Officer and others : 2001 (3) UPLBEC 2057 wherein it was held as under :
(3.) FROM the said rule it appears that a Government Servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry. The impugned order of suspension does not refer to any contemplated inquiry or the fact that any inquiry is pending. In that view of the matter, we are of the view that the order of suspension is against the provisions of Rule 4 of the U.P. Government Servant (Discipline and Appeal Rules, 1999 and the same cannot be sustained.....;