RAM RAKSH PAL SINGH Vs. STATE OF U P
LAWS(ALL)-2008-12-80
HIGH COURT OF ALLAHABAD
Decided on December 12,2008

RAM RAKSH PAL SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

JANARDAN Sahai, Rakesh Sharma, JJ. - (1.) The petitioner who is a Block Development Officer was suspended by an order dated 13. 6. 2008 impugned in this writ petition. The petitioner challenged the said order in Writ Petition No. 35454 of 2008. The writ petition was dismissed by an order dated 28. 7. 2008. The validity of the suspension order therefore cannot be gone into in the present writ petition and no fault can be found with the suspension order itself. The petitioner has now filed the present writ petition against the suspension order on the ground that no charge sheet has been served upon the petitioner while more than six months have passed after suspension. It is also alleged that the petitioner has not been paid any subsistence allowance. It is true that the petitioner cannot be kept indefinitely under suspension but the learned standing counsel has today produced before us a copy of the charge sheet but the said copy does not include the annexures relied upon. Counsel for the petitioner however states that he has not been served with the charge sheet. In the circumstances we direct that the respondents shall serve the charge sheet upon the petitioner if not already served within a period of two weeks from today. The petitioner may furnish a reply to the charge sheet within the next three weeks and the enquiry may be concluded by the State government preferably within a further period of two months thereafter. Counsel for the petitioner submits that Krishna Kant Shukla who is the Joint Development Commissioner, Bareilly is biased against the petitioner and that the petitioner will file an application for change of the enquiry officer. In case such an application is filed by the petitioner the State government may consider the same and pass appropriate orders on the application in accordance with law preferably within a period of two weeks from the date the said application is filed. It is made clear that we have not expressed any opinion on the merits of the contention of bias made by the petitioner's counsel. The respondent no. 1 State government is directed to conclude the enquiry proceeding preferably within a period of two months from the date the petitioner furnishes the reply to the charge sheet. The petitioner will also be paid any subsistence allowance, which remains unpaid within three weeks from the date of service of the certified copy of this order upon the concerned authorities. With the above observations the writ petition is disposed of. .;


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