ORDER:

The present Writ Petition came to be filed under Article

226 of the Constitution of India seeking the following relief:-

“…to issue a writ order or direction, more particularly one in the nature of writ of mandamus declare the impugned show cause notice in Rc.No.V2/COE- 20024/8/2022 and Lr.in Rc.No.V2/20024/8/2022, dated 29.08.2023 issued by the 2nd respondent with pre-determined to punish the petitioner, against the non-proving charges, as illegal arbitrary and discrimination in violation of principles of natural justice and set aside the same in terms of the judgment of the Hon’ble Supreme Court of India in H.L.Trehan’s case, consequently direct the respondents to consider the case of the petitioner for promotion to the post of E.O. Grade-II basing on her seniority and pass such other order or orders...”

2. Today when the matter came up for hearing, learned counsel for the petitioners reiterated the contentions urged in the Writ Petition, but, however limited his request to direct the respondent authorities to consider the explanation, dated 09.09.2023 submitted by the petitioner in pursuance of the show cause notice in Rc.No.V2/COE-20024/2022, dated 29.08.2023 issued by the 2nd respondent, without touching the merits of the case.

3. On the other hand, learned Government Pleader for Services-II, submits that the respondent authorities agreed to consider the explanation submitted by the petitioner, dated 09.09.2023 and will pass appropriate orders in accordance with law.

4. Ordinarily, the Court should not interfere with the ordes of suspension unless they are passed mala fide and without therebeing even prima facie evidence on record connecting the employee with the misconduct in question. The Hon’ble Apex Court in the decision passed in Union of India and Another vs. Ashok Kumar Aggarwal, observed as follows:-

“Suspension is a device to keep the delinquent out of the mischief range. The purpose is to complete the proceedings unhindered. Suspension is an interim measure in aid of disciplinary proceedings so that the delinquent may not gain custody or control of papers or take any advantage of his position. More so, at this stage, it is not desirable that the Court may find out as which version is true when there are claims and counter claims on factual issues. The court cannot act as if it an appellate forum de hors the powers of judicial review.”

5. In view of the above observation, as it is also a fact that the impugned showcause notice is not a final order, and it is not a punishment, this Court is not inclined to interfere with the impugned showcause notice, dated 29.08.2023. However, this Court feels it appropriate to dispose of the Writ Petition directing the 2nd respondent to consider the explanation, dated 09.09.2023 submitted by the petitioner and pass appropriate orders, if not yet passed, in accordance with law, preferably within a period of four (4) weeks from the date of receipt of a copy of this order.

6. Accordingly, with the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ________________ JUSTICE V.SUJATHA Date : 19.10.2023 SPP HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.26983 of 2023 Date :19.10.2023 SPP