RAM PATI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned Standing Counsel for the opposite, parties, who prays for and is allowed six weeks' time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. List this case after expiry of the aforesaid period. The submission of the learned counsel for the petitioners is that prior to passing of the impugned suspension order against the petitioners a preliminary enquiry was conducted by the Additional Director, Medical & Health Services, Family Welfare, Lucknow, in which the petitioners were given clean chit and the doctor attending the patient Smt. Jamuna Devi was found prima-facie guilty of charge on which the petitioners have been suspended. In view of the above, it is provided that effect and operation of the impugned order dated 28.04.2009 passed by the opposite party no.3, as contained in Annexure-1 to the writ petition, shall remain stayed till the next date of listing. However, it will be open to the opposite parties to proceed with the enquiry.