Surendra Singh vs State of U.P.& Others

Dilip Gupta, J.

The petitioner had been suspended pending enquiry by the order dated 29th August, 2007. This suspension order was challenged by the petitioner by filing Writ Petition No.44942 of 2007 which was disposed of by this Court by judgment and order dated 18th September, 2007 with a direction that the enquiry initiated against the petitioner shall be brought to its logical conclusion in accordance with law within a period of three months from the date of submission of the certified copy of the order.

A charge sheet was served upon the petitioner but by the order dated 2nd November, 2007, the suspension order was withdrawn and it was further observed that an appropriate order for payment of suspension allowance shall be passed separately.

Learned counsel for the petitioner submitted that till date the respondents have not passed any order for payment of suspension allowance.

Learned Standing Counsel states that the reason for not passing an order has to be ascertained but in the event the petitioner files a detailed representation before the Senior Superintendent of Police, Agra for payment payment of suspension allowance, an appropriate order in accordance with law shall be passed expeditiously.

In view of the aforesaid, the writ petition is disposed of with a direction that in the event the petitioner files a representation before the Senior Superintendent of Police, Agra for payment of suspension allowance for the intervening period within a period of three weeks from today along with a certified copy of this order, an appropriate order in accordance with law shall be passed by the Senior Superintendent of Police, Agra within a period of six weeks thereafter.