VIJAY PRAKASH TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri O.P. Tiwari, Advocate, holding brief of Sri Ramesh Upadhyaya, learned Counsel for petitioner, learned Standing Counsel for respondents and perused the record. This writ petition shows extraordinary state of affairs on the part of respondents inasmuch a Class IV employee was suspended on 8.5.1992 and this writ petition was filed in 2010 complaining that no enquiry has been completed at all and for the last 18 years petitioner has been kept illegally and unauthorizedly under suspension. This Court on 15.3.2010 granted two weeks' time to learned Standing Counsel to seek instructions in the matter and to find out whether suspension is still continuing or not.

(2.) LEARNED Standing Counsel stated that as per the instructions received by him on 27.5.2010, the suspension order is still continuing and enquiry has not been concluded. This is totally arbitrary and illegal exercise of power on the part of respondents.

(3.) THIS question has already been answered by this Court in Smt. Anshu Bharti v. State of U.P. and others, : 2009 (1) AWC 691, and in paras 9, 10, 11, 12 and 13 this Court has observed as under: