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AJIT KUMAR
Ashok Kumar – Appellant
Versus
U. P. Power Corporation Ltd. – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.-Heard Mr. Manu Mishra, learned counsel for the petitioner, Mr. Abshishek Srivastava, learned counsel for respondent Nos. 1, 2, 4 and 5 and Mr. Brajesh Pratap Singh, learned counsel for respondent No. 3.
2. By means of this petition filed under article 226 of the constitution, petitioner has questioned two orders passed by competent authority of respondent-Corporation; first, the order dated 9th May, 2024 passed by respondent No. 2 placing the petitioner under suspension after reinstating him in compliance of earlier order of this Court dated 27th February, 2024 passed in Writ-A No. 1783 of 2024 and also the order dated 7th September, 2024 passed by respondent No. 4 whereby he has been directed to participate in the enquiry.
3. Two fold submissions have been advanced by learned counsel for the petitioner, firstly, certified copy of the order of this Court dated 27th February, 2024 was duly served in the Office of respondent No. 2 on 5th of March, 2024 and yet no action was taken to reinstate petitioner immediately and the order came to be passed only on 9th of May, 2024 reinstating him and then placing him again under suspension taking aid of direction
Delay in disciplinary enquiry does not automatically invalidate proceedings; courts have discretion to extend time for completion.
Point of Law : Service Law - Suspension order - An order of suspension made or deemed to have been made under this rule shall be reviewed by authority competent to modify or revoke suspension, before....
A suspension order becomes invalid if not reviewed within 90 days as per CCS (CCA) Rules, entitling the respondent to continuity in service and salary from the dissolution date.
Delay in disciplinary proceedings does not ipso facto vitiate the enquiry; the authority retains the power to extend time limits set by the Tribunal.
When an administrative decision is illogical or suffers from procedural impropriety or it shocks conscious of Court in a sense that it is in defiance of logic or moral standards, power of judicial re....
Suspension of a government servant must be based on serious allegations and objective consideration, with documented reasoning to prevent arbitrariness.
An order of suspension lapses if not reviewed within 90 days, and cannot be extended indefinitely without justification.
The Court accepted delays in inquiry proceedings due to administrative challenges, granting an extension to comply with previous mandatory directions.
The main legal point established is that conducting a denovo enquiry solely due to the Disciplinary Authority's disagreement with the Enquiry Officer's findings is impermissible. Additionally, the pr....
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