MEERA TIWARI Vs. CHIEF MEDICAL OFFICER

JUDGEMENT

(1.) Heard Sri A. N. Tripathi, learned advocate for the appellant and Sri Ranvijai Singh, learned standing counsel for the respondents.

(2.) This special appeal is directed against the order dated 4.4.2001 passed by the learned single Judge 'dismissing the writ petition. The challenge in the writ petition was against the order of suspension. The contention of the appellant is that the learned single Judge did not properly appreciate the question that suspension is not permissible unless enquiry is contemplated or enquiry is pending. Learned counsel for the appellant referred to us sub-rule (1) of Rule 4 of the U.P. Government Servant (Discipline & Appeal) Rules. 1999 which is set out herein below :

(3.) From the said rule it appears that a Government servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry. The impugned order of suspension does not refer to any contemplated inquiry or the fact that any inquiry is pending.