SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has challenged the order dated 19th February, 2003 (Annexure-1 to the writ petition) passed by the Sub-Divisional Magistrate, Shikohabad, Firozabad, whereby the petitioner has been suspended pending enquiry.

(2.) Learned counsel for the petitioner relying upon a decision of the Division Bench of this Court in Meera Tiwari (Smt.) v. Chief Medical Officer and Ors., 2001 (2) AWC 1506 : (2001) 3 UPLBEC 2057, has argued that in the impugned order of suspension, there is no recital that any enquiry is in contemplation or pending. A perusal of the aforesaid judgment will demonstrate that the Division Bench in the aforesaid judgment was of the opinion that the impugned order of suspension does not refer to any contemplated inquiry or the fact that any inquiry is pending whereas in the present case the opening sentence of the impugned order itself demonstrates that the disciplinary enquiry is contemplated.

(3.) In this view of the matter, the learned counsel for the petitioner then relied upon the decision of the learned single Judge passed in Civil Misc. Writ Petition No. 4732 of 2003, Megha Singh v. State of U. P. and Ors., decided on 29th January, 2003 wherein this Court relying upon the decision of Meera Tiwari (supra) quashed the order of suspension on the ground that the charges are vague. Here also the decisions of Meera Tiwari as well as Megha Singh (supra) are not attracted to the facts and circumstances of the case.