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Lalji v/s Director, Bal Vikas Seva Avam Pustahar

    C.M.W.P. 42247 of 1992

    Decided On, 04 February 1993

    At, High Court of Judicature at Allahabad


    For the Appearing Parties: Ram Niwas Singh, V.K. Chandel, Advocates.

Judgment Text


(1.) Petitioner, who claims to be a Junior Clerk, has filed this writ petition against the order of his suspension dated April 24, 1992. It has been stated by the learned counsel for the parties that the respondents have filed coun

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er-affidavit but it is not on the record. However, learned counsel for the petitioner has furnished a copy of the counter-affidavit to the Court and he has also filed a rejoinder-affidavit in reply thereto, which shall be kept on record. (2.) In paragraphs 11 and 16of the writ petition it has been stated that no charge sheet has been given to the petitioner, although more than six months have passed when the writ petition was filed. Reply to those paragraphs are contained in paragraphs 10 and 15 of the counter-affidavits; but the allegations made in the above paragraphs of the writ petition have not been denied. There is no assertion that charge sheet has been served on the petitioner. In the rejoinder affidavit, petitioner has reiterated the allegations about non-furnishing of the charge sheet to the petitioner. (3.) From the perusal of the suspension order, it is apparent that the petitioner was suspended by order dated April 24, 1992 on the ground that an inquiry is contemplated against him. More than nine months have passed but the disciplinary inquiry has not been initiated against the petitioner. It has not been pointed out as to when the inquiry will be initiated against the petitioner and when charge sheet will be served on him. The averments in the counter affidavit are evasive. An employee can be suspended on the ground that inquiry is contemplated against him only when such an inquiry really is in contemplation and not in casual manner. The fact that the charge-sheet has not been served so far on the petitioner demonstrates that the impugned order of suspension was passed in a casual manner without applying mind to the facts and circumstances of the case. The impugned order is, as such, arbitrary and is liable to be quashed. (4.) The writ petition is allowed with costs. The impugned order of suspension dated April 24, 1992 is quashed. Petitioner is directed to be reinstated forthwith and he will be paid full salary and other allowances from the date of suspension till the date of his reinstatement. Petitioner is also entitled to special cost, which I assess at Rs. 3,000/- which shall be paid by the respondents along with arrears of salary to the petitioner within a period of three months from the date of presentation of certified copy of this order.

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