MAITHILI SARAN Vs. DISTRICT ASST REGISTRAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Shri Abhishek Mishra holding the brief of Shri K.N. Mishra counsel for the respondents. The present writ petition has been filed by which an order of suspension dated 09-01-09 annexure -1 to the writ petition has been passed leveling certain charges regarding financial irregularity against the petitioner. A submission has been made by the petitioner that on a frivolous complaint an inquiry was held and it has been found that the complaints are frivolous and it is not a case of embezzlement and no liability can be fixed upon the petitioner. Now again the petitioner has been suspended leveling certain allegations of financial irregularity. Learned counsel for the respondent was granted time to file counter affidavit but no counter affidavit has been filed till date. It has been submitted by the learned counsel for the petitioner that up till date no charge sheet has been submitted and the petitioner is being kept under suspension without payment of subsistence allowance. The learned counsel for the respondents wanted to justify the order of suspension and has submitted that the present order of suspension is not based on the earlier report. It has been passed on the basis of report dated 24-12-08. Without going into the controversy regarding the validity of the order of suspension, as about three months have passed and a disciplinary proceedings against the petitioner has not yet been initiated and the charge sheet has not yet been given to the petitioner, as such, in my opinion it will be appropriate that the disciplinary inquiry against the petitioner be completed within a specified time. The writ petitioner is disposed of finally directing respondent no. 2 to complete the inquiry against the petitioner within two months from the date of production of certified copy of this order after affording full opportunity to the petitioner and to permit the petitioner in case he wants to cross examine any witness. No order is passed as to costs.