The court found that the suspension order could not be issued on the charges levied against the petitioner, leading to the quashing of the suspension order.

Headnote:
Suspension Order - Challenge to Suspension Order - The court found that the suspension order could not be issued on the charges levied against the petitioner, and consequently quashed the impugned suspension order.
Fact of the Case:

The petitioner challenged the suspension order dated 30th September, 2005, and the court stayed the suspension order by an interim order. The petitioner argued that no disciplinary proceeding had been initiated so far.
Finding of the Court:

The court found that the suspension order could not be issued on the charges levied against the petitioner, and consequently quashed the impugned suspension order. The writ petition was allowed, and the respondents were directed to conclude the disciplinary proceedings, if initiated, at the earliest.
Issues:
Ratio Decidendi: The suspension order could not be issued on the charges levied against the petitioner.
Final Decision: The writ petition was allowed, and the impugned suspension order was quashed.

TARUN AGARWALA, J.

Heard the learned Counsel for the parties.

2. The petitioner has challenged the suspension order dated 30th September, 2005. The Court, by an interim order dated 22. 11. 2005, has stayed the suspension order, and further, directed the respondents to bring the proceed ings to its logical end at the earliest. The learned Counsel for the petitioner submitted that no disciplinary proceeding has been initiated so far.

3. In view of the aforesaid and in view of the perusal of the suspension order, I find that suspension order could not be issued on the charges levied against the petitioner.

4. Consequently, the impugned suspension order cannot be sustained and is quashed. The writ petition is allowed. It is open to the respondents to conclude the disciplinary proceedings, if they have initiated, at the earliest.

Petition Allowed.

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Judicial Analysis

2008 Supreme(All) 1912

ALLAHABAD HIGH COURTTarun AgarwalaTRIBHUWAN CHAUBEYVersusUP-ZILADHIKARI SAKALDIHA CHANDAULIDecided On : 21 August 2008C. M. W. P. No. 71601 of 2005

The court found that the suspension order could not be issued on the charges levied against the petitioner, leading to the quashing of the suspension order.

Judicial Analysis

ALLAHABAD HIGH COURT
Tarun Agarwala
TRIBHUWAN CHAUBEY
Versus
UP-ZILADHIKARI SAKALDIHA CHANDAULI
Decided On : 21 August 2008
C. M. W. P. No. 71601 of 2005