GYAN SINGH PARIHAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Mukesh Kumar, holding brief of Shri Ashok Khare, learned Senior Advocate appearing for the petitioner, and Shri V.N. Agrawal, learned Standing Counsel of the State of U.P., representing the respondent Nos. 1 and 2.

(2.) BY means of instant writ petition under Article 226 of the Constitution of India, Shri Gyan Singh Parihar, an employee of the State of U.P., seeks to challenge the order dated 31st July, 1997, a copy whereof is Annexure '5' to the writ petition.

(3.) WHETHER an employee should or should not continue in his office during the period of disciplinary enquiry is a matter to be assessed by the concerned authority and ordinarily, the Court should not interfere with the order unless it is demonstrated to be mala fide and without there being a prima facie evidence on record connecting the employee with the misconduct in question (See U.P. Rajya Krishi Utpadan Mandi Parishad and others v. Sanjiv Rajan, J.T. 1993 (2) S.C. 550).