- (1.) The petitioner is a Safai Karamchari. He has been placed under suspension on the ground that the Pradhan has pointed out about his unauthorized absence and negligence of duty. Thereupon, he threatened the Pradhan and misbehaved with her. An enquiry has been initiated by appointing Sahayak Vikas Adhikri (Panchayat), Vikas Khand Bharauri, Pilibhit.
(2.) Learned counsel for the petitioner submits that the suspension is illegal as it has not been passed in contemplation of the enquiry. He has placed reliance on a judgment of learned Single Judge in the case of Mukesh Kumar v. State of U.P. and others, Writ A No. 30911 of 2013 and Dr. Arvind Kumar Ram v. State of U.P., 2007 LawSuit(All) 1557.
(3.) Learned counsel for the petitioner has lastly urged that the suspension order is in violation of provision of Rule 4 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 which provides that suspension should not be resorted to unless the charges against the Government servant are so serious that in the event of their being established may ordinarily warrant major penalty.;