Qamruddin vs State of U.P.& Others

Dilip Gupta, J.

The petitioner who claims to be a permanent Driver in the office of Deputy Director of Consolidation, Banda has sought the quashing of the suspension order dated 23rd May, 2008 and has also sought a direction upon the respondents to pay the petitioner suspension allowance.

At the time of hearing of the petition, learned counsel for the petitioner submitted that he has already filed a representation before the Deputy Director of Consolidation (Chakbandi), Banda but no orders have been passed. He further submitted that after the suspension order was served upon the petitioner, a chargesheet was also served to which the petitioner filed a detailed reply but the inquiry pending against him has not been concluded as yet.

Learned Standing Counsel appearing for the respondent states that so far as the matter relating to payment of subsistence allowance is concerned, an appropriate order shall be passed by the Deputy Director of Consolidation (Chakbandi), Banda and in case the petitioner is found eligible for payment of subsistence allowance, the same shall be paid expeditiously. He further states that the inquiry pending against the petitioner shall be concluded expeditiously.

In view of the aforesaid, the petition is disposed of with a direction to the Deputy Director of Consolidation (Chakbandi), Banda to pass a reasoned order on the application filed by the petitioner for payment of subsistence allowance expeditiously, preferably within a period of two weeks from the date a certified copy of this order is filed by the petitioner before the said officer. In case the petitioner is found eligible for subsistence allowance, the same shall be paid forthwith. It is further ordered that the inquiry pending against the petitioner shall be concluded expeditiously, preferably within a period of three months from the date of filing of this order before the Disciplinary Authority.