LAWS(ALL)-2003-7-64

R K VERMA Vs. STATE OF U P

Decided On July 22, 2003
R K VERMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) B. S. Chauhan, J. This writ petition has been filed for quashing the impugned suspension order dated 5-7-2003, passed by respondent No. 1.

(2.) FACTS and circumstances giving rise to this case are that petitioner has been working as Chief Engineer, Nagar Nigam, Bareilly. He proceeded on leave, duly sanctioned, from 11 to 17 June, 2003 but came back on 25 June, 2003. For remaining absent from duty for a week, the impugned suspension order has been passed. Hence this petition.

(3.) SHRI T. P. Singh, in reply, has submitted that for remaining absent for one day earlier in January, 2003 he had already been warned. Thus considering the same again for the purpose of suspension and including that allegation in the charge-sheet, would amount to double jeopardy, which is not permissible.