RAJMANI PANDEY Vs. DISTRICT ADMINISTRATIVE COMMITTEE. U. P. PRIMARY AGRICULTURAL CO
LAWS(ALL)-1992-4-138
HIGH COURT OF ALLAHABAD
Decided on April 22,1992

Rajmani Pandey Appellant
VERSUS
District Administrative Committee. U. P. Primary Agricultural Co Respondents

JUDGEMENT

B.C. Saxena, J. - (1.) This petition is directed against an order dated 8-8-19V1 passed by opposite party no. 1, placing the petitioner under suspension. The petitioner has categorically stated that neither any charge-sheet has been issued to him so far nor subsistence allowance has been paid to him. The petitioner was working as Secretary Sadhan Sahkari Samiti. Though the said suspension order was passed a3 back as on 8tb of August, 1991 and the Addl. District Co-operative, Officer, Bikapur was appointed as Enquiry Officer, no charge-sheet has so far been issued to the petitioner. He has also not been paid subsistence allowance. The opposite parties are represented through R. S. Pandey, Advocate. In view of the fact that a short question is involved in the writ petition both the counsels have agreed that the writ petition may be finally decided.
(2.) In view of the fact that no charge-sheet has been issued though more than nine month have elapsed, it is evident that no departmental proceedings were in contemplation when the order for the petitioner's suspension was issued. The petitioner cannot be allowed to remain under suspension for such a long duration without even issuing a charge-sheet. The writ petition is accordingly allowed. The order for petitioner's suspension dated 8-8-1991, contained in Annexure No. 1 to the writ petition is hereby quashed. The opposite parties will pay to the petitioner full salary with effect from 8-8-1991 and this order will not in any manner affect the disciplinary proceedings as and when they are held.;


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