GHAN SHYAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri I.P.Singh, learned Senior Advocate assisted by Sri Shobhit Mohan Shukla, learned counsel for the petitioner, Sri Prafful Yadav, learned Standing counsel appearing for the State-respondents and Sri W.U.Ahmad, learned counsel appearing for the respondent no. 2.

(2.) The petitioner being aggrieved with the suspension order dated 23.10.2017, a copy of which is annexure 1 to the petition is before this Court. A further prayer is for holding the inquiry proceedings initiated against the petitioner through Office Memorandum dated 23.10.2017 to be vitiated and to allow the petitioner to continue to work as Member of the Provincial Civil Services (Executive Branch) on a suitable post as per his seniority.

(3.) A preliminary objection was taken by Sri Prafful Yadav, learned Standing counsel that the petitioner had earlier approached this Court by filing Writ Petition No. 54141 (Writ-A) of 2017 Inre; Ghanshyam Singh Vs. State of U.P and Ors at Allahabad challenging the same suspension order but this Court dismissed the petition with the direction to the disciplinary authority to get the inquiry completed against the petitioner expeditiously. Copy of the judgment and order dated 23.11.2017 has been filed as annexure 2 to the petition. Sri Yadav contends that once the earlier petition against the same suspension order has already been dismissed, consequently the present petition which is a second petition challenging the same suspension order would not be maintainable.