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NEERAJ TIWARI
Dharmendra Kumar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioners, learned Standing Counsel for respondent no. 1 and Sri Kartikeya Saran, learned counsel for respondent nos. 2 & 3.
2. Present petition has been filed with the following prayer:
3. The case was heard on 22.02.2024 and the Court has passed the following order:
2. Learned counsel for the petitioner submitted that suspension order against the petitioner has been passed without completion of inquiry, which is in the teeth of Rule 4 of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 as well as judgment of this Court in the matter of Atiullah K
The disciplinary authority must independently decide on inquiry reports without external influence, as mandated by the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
Prolonged suspension beyond three months without serving charge memo is unsustainable.
The main legal point established in the judgment is that the appointing authority must exercise independent discretion when issuing a suspension order, as required by Regulation 4(1) of the Regulatio....
The currency of a suspension order should not extend beyond three months without serving the charge-sheet and providing reasoned orders for extension, as established by legal precedents.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
The extension of suspension orders without the recommendation of the Review Committee and failure to extend the suspension within the prescribed period rendered the suspension orders invalid.
Suspension orders must be based on objective evidence of a departmental inquiry, not merely on preliminary inquiries.
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