LALIT KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD . Ld. Counsel has drawn my attention to the fact that the petitioners who are gazetted officers have been placed under suspension by Under Secy, to govt., education deptt., who is not their appointing authority. He has further submitted that the allegations levelled against the petitioners do not spell out the nature of allegations and the suspending authority has not explored the possibility of other nodes available. Instead he could have transferred the petitioners or asked them to proceed on leave so that they could in no way hamper the enquiry or influence the witnesses. Without exploring these possibilities, the order of suspension has come against the petitioners which is illegal and unconstitutional and is not tenable in the eyes of law.

(2.) I have given my thoughtful consideration to the arguments advanced by learned counsel for the petitioners. ,

(3.) THE argument of learned counsel for the petitioners that the Under secy. to govt., education deptt., is not a competent person to place the petitioner under suspension is without any force and misconceived and I do not agree on this count.