Suresh Chandra Srivastava Vikas Khand Chargawana,Gorakhpur vs District Magistrate,Gorakhpur & Ors.

By means of the present Writ Petition, the petitioner has assailed the order dated 2391997 passed by the District Magistrate Gorakhpur by virtue of which his services as Assistant Development Officer, Rural Engineering Service Pratapgarh has been suspended. The learned Counsel for the petitioner asserted that the allegations levelled against the petitioner are unfounded and the petitioner was not solely responsible for carrying out the work and the responsibility for the same rests upon other persons.

This Court in exercise of its power conferred under Article 226 of the Constitution of India cannot relegate itself to the level of appellate court to adjudicate upon such question of fact. In view of the aforesaid reason we are not inclined to interfere with the suspension order. Considering the facts that about two months have passed since passing of the suspension order, it would be expedient in the interest of justice that the agony of the petitioner should be over by the expeditious disposal of the matter.

In view of the aforesaid situation, we direct the respondents to issue a chargesheet to the petitioner within fifteen days from the date of production of certified copy of this order. The petitioner will submit explanation against chargesheet within a week from the date of issuance of the chargesheet. The enquiry officer shall hold and conclude the enquiry within a period often weeks from the date of filing of the explanation by the petitioner and forward the report to the appointing authority forthwith. The appointing authority from the date of the enquiry report shall pass final orders after completion of all enquiry formalities within six weeks. The petitioner will full cooperate during the course of enquiry and will not seek any adjournment. In case the petitioner would seek any adjournment that period would be excluded from the period indicated hereinabove. It is further provided that if despite cooperation of the petitioner, the enquiry would not be concluded within the period specified hereinabove, the suspension order shall stand revoked and in that eventuality enquiry will go on. It is further provided that petitioner shall be paid his subsistence allowance forthwith and continue to be paid every month.

With the aforesaid directions, this Writ Petition is finally disposed of.

Writ petition disposed of.