RAM LAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri B. K. Yadav, learned counsel for the petitioner and learned Standing counsel for the opposite parties. The case of the petitioner is that he was given a show cause notice on 27.7.2007 for certain charges. The petitioner submitted his reply on 22.9.2007 that was within time. Petitioner further submits that on 31.5.2008, the petitioner was communicated about the adverse entry which was given to him in the year 2006-2007. Petitioner made a representation against the said adverse entry which was decided and rejected on 17.4.2009. Copy of this rejection order has been placed before this Court through a supplementary affidavit, which his taken on record. A perusal of the concluding paragraph of this rejection letter shows that the adverse entry has been given to the petitioner for the alleged charges which were leveled against him and in respect of which he has filed the reply. After consideration of the reply this adverse entry was given which amounts to awarding of punishment for any irregularity or misconduct. Learned counsel for the petitioner argues that on the same charges, the petitioner has been placed under suspension on 31.3.2009. Copy of the impugned suspension order has been annexed as annexure Nos, 1 and 2 to this writ petition. The sequence of events as set out in the writ petition clearly show a case of arbitrariness, non- application of mind and unreasonable attitude of the officers. A case for interference of this Court is made out. Learned Standing counsel prays for and is granted four weeks' time to file counter affidavit in this matter. Rejoinder affidavit, if any, may be filed within a week thereafter. List thereafter. Meanwhile, the operation and implementation of the orders dated 31.3.2009, as contained in annexure Nos. 1 and 2, shall remain stayed.