RISHIPAL SINGH Vs. DY COMMISSIONER TRADE TAX GHAZIABAD

JUDGEMENT

(1.) THE petitioners who were working as Sewak in the office of Assistant Commissioner (Administra tion) Trade Tax Section-2, Ghaziabad, being aggrieved against the order of suspension dated 5-2-1999 have filed the present writ petition. I have gone through the order of suspension which has been passed in contemplation of the enquiry as certain allegation the veracity and suf ficiency of which would be tested by the enquiry officer on the basis of the events hence I am not inclined to interfere at this juncture. However, considering the facts and circumstances of the case I dispose of this writ petition by issuing the following directions:

(2.) THE respondents are directed to issue a charge-sheet with in a period of 15 days, if the same has not been issued. THE petitioner will submit his explanation with in a week there after. THE enquiry of ficer will hold and conclude the enquiry with in four months from the date of sub mission of the explanation by the petitioner and forward the report forth with to the appointing authority. THE ap pointing authority after completing neces sary formalities as contemplated under the law will pass final order with in six weeks from the date of receipt of the final report. THE petitioner will fully cooperate with the enquiry and will not seek any adjourn ment that period will be excluded from the period specified hereinabove. If despite the cooperation of the petitioner the en quiry would not be completed with in the time specified hereinabove, the suspen sion order shall stand revoked. It is further provided that in case suspension al lowance has not been paid the same will be paid positively to the petitioner in accord ance with rules.