LAWS(ALL)-2021-5-47

GAURAV BANSAL Vs. STATE OF U.P.

Decided On May 20, 2021
GAURAV BANSAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard, Shri M.P. Raju, learned counsel for the petitioner and Shri Pankaj Srivastava, learned Additional Chief Standing Counsel.

(2.) Submission of leaned counsel for the petitioner is that the petitioner had gone on three days' casual leave on 3/4/2021 but on 7/4/2021 he was detected COVID positive therefore he could not join the duties back and his brother had informed through speed post to the concerned authorities and sent the COVID positive report of the petitioner. The petitioner was found COVID negative on 2/5/2021 and on 3/5/2021 he had joined back. But without considering it, the petitioner has been placed under suspension by means of order dtd. 5/5/2021 in contemplation of preliminary inquiry which is apparent from the letter dtd. 8/5/2021 of the opposite party no.4 written to the petitioner informing that the petitioner has been suspended by means of the order dtd. 5/5/2021 and the preliminary inquiry is being conducted by him and called to the petitioner for recording his statement and he has got recorded his statement.

(3.) On the basis of above and relying on the judgment and order passed in Writ-A No.53895 of 2013; Chandra Prakash S.I. Vs. State of U.P. and Others, learned counsel for the petitioner submitted that the petitioner has been suspended on a non-existing ground before completion of the preliminary inquiry which could not be done. Considering the aforesaid judgment this Court had also quashed the suspension order in the case of Nizamuddin Vs. State of U.P. and Others in Writ Petition No.6600 (S/S) of 2015.