URMILA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER-appellant, aggrieved by the order dated 8th April, 2009 passed by a learned Single Judge in Writ Petition No. 18855 of 2009 dismissing the writ petition, has preferred this Appeal under Rule 5 of Chapter VIII of the High Court Rules. PETITIONER-appellant, at the relevant time was serving as a Auxiliary Nurse & Midwife in Primary Health Centre, Nahtoor in the district of Bijnor. On the allegation that a lady had delivered the child in the toilet of the hospital and the writ petitioner-appellant did not take care of the said lady, she was put under suspension. Mr. Rajesh Singh appearing on behalf of the appellant submits that the allegation against the appellant is false and hence the order of suspension is fit to be revoked. We are afraid, present proceeding is not an appropriate proceeding to go into the truthfulness or otherwise of the allegation. This shall be the subject matter of departmental inquiry. In that view of the matter, we are not inclined to interfere with the order of suspension. In the facts and circumstances of the case, we deem it expedient that the appellant cooperating in the conduct of inquiry, the departmental inquiry be concluded within a period of three months from the date of receipt/production of the copy of this order. The appeal stands dismissed with the observations aforesaid.