HC refuses to interefere in suspension order

Allahabad, Sep 20 (UNI) Allahabad High Court today ruled that the court could only interfere with the order of suspension in the rarest of rare cases, where it appears to be apparently punitive or malafide in nature or without jurisdiction.

The court, therefore, refused to give relief with regard to the order of suspension passed against the director of government press, Allahabad, Gurinder Singh Sethi, when nothing was found in the suspension order, which warranted the court interference.

A division bench comprising Justices Amitava Lala and V C Mishra gave this ruling after hearing the parties at length.

The petitioner, Mr Sethi, had challenged the order of July 5, 2006 by which he was put under suspension.

He argued the charges levelled against him could not derive at major penalities. Therefore, he should not be held up under suspension.

However, advocate general S M A Kazmi with standing counsel Sanjay Goswami contended that as per the UP Government Servants Conduct Rules 1956, every government servant shall at all times maintain absolute integrity and devotion to duty.

He maintained that charges levelled against the petitioner may not be serious, but they had a cumulative effect.

Some charges against the petitione were arising out of illegal appointments of 27 workers and in spite of the direction of the government to terminate them, the petitioner had sent back the matter for the purpose of reconsideration.

In view of the above argument, the judges did not pass any order with regard to suspension, but however said it will not entitle authority to keep the enquiry pending indefinitely.

The court, therefore, directed for concluding the probe within three months and accordingly disposed off the writ petition.

UNI XC VS SHB KP1942