Rajesh Singh Chauhan, J. - (1.) Heard Sri S.C. Yadav, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
(2.) This Court has passed order dated 11.4.2019 as under: "Heard Sri S.C. Yadav, learned counsel for the petitioner. Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel. By means of this writ petition, the petitioner has assailed the office order dated 04.12.2018, passed by the Additional Chief Secretary, Secretariat Administration Department, Government of U.P., Civil Secretariat, Lucknow placing the petitioner under suspension. Learned counsel for the petitioner has submitted that the aforesaid suspension order shows that since the petitioner is prima-facie held guilty for the charges levelled against him, therefore, he is being place under suspension. The suspension order has not been issued on the basis of pending departmental enquiry or in contemplation of departmental enquiry, rather, it is a plain and simple suspension order. This is a trite law that the suspension order can only be issued either pending departmental enquiry or in contemplation of departmental enquiry. In the present suspension order, since the petitioner has been held guilty prima-facie and no enquiry has been contemplated to that effect, therefore, it appears that this suspension order is punitive in nature. As per learned counsel for the petitioner, neither any enquiry has been initiated against the petitioner with effect from 04.12.2018 nor any charge-sheet has been given to him, whereas the Hon'ble Apex Court in catena of judgments has held that if the person is placed under suspension and the department/ authority is of the view that the allegation should be investigated/ inquired an appropriate Enquiry Officer should be appointed atonce and the charge-sheet should be issued with expedition but in the instant case no lawful exercise has been carried out by the Competent Authority, therefore, this suspension order does not appear to be a suspension order in the eyes of law. Learned Additional Chief Standing Counsel prays for and is granted 24 hours time to seek complete instructions in the matter, as aforesaid. List/ put up this petition tomorrow i.e. 12.04.2019 as fresh in the additional cause list."
(3.) In compliance of the aforesaid order Sri Ran Vijay Singh, Additional Chief Standing Counsel has submitted that the charge-sheet has been prepared on 11.4.2019 and the inquiry officer has also been appointed on 11.4.2019. He has produced the copy of instructions dated 11.4.2019 preferred by one Sri Rajiv Srivastava, Joint Secretary of the Department addressed to Chief Standing Counsel of this Court enclosing therewith the copy of the charge-sheet dated 11.4.2019 as well asan order dated 11.4.2019 appointing one Sri Pawan Kumar Gangwar, Special Secretary, Sugar Industries and Cane Development as inquiry officer. The photocopy of both the aforesaid orders dated 11.4.2019 has been provided to the learned counsel for the petitioner. The instructions dated 11.4.2019 are taken on record.;