IN A significant order, the Allahabad High Court today declined to stay suspension order of Director of Government Press, Allahabad, GS Sethi.
It may be recalled, the State Government had passed an order on July 5, suspending the petitioner, Sethi, on charges of financial irregularities and violation of government orders in selection and regularisation proceedings of the employees.
While passing the above order, however, a Division Bench of the Allahabad High Court, comprising Justice Amitava Lala and Justice VC Mishra, granted two weeks time to the State Government to file reply (counter-affidavit).
The court, while granting one week thereafter to the petitioner to file rejoinder affidavit, fixed August 29, for further hearing in the matter.
On behalf of the petitioner, Ravi Kant, a senior advocate, argued that charges were not sufficient to call for major penalty, therefore, the order of suspension was not tenable under rule 4 of UP Government Servants (Discipline and appeal) rules, 1999. Replying to the arguments of the petitioner’s counsel, the Advocate General of UP, SMA Kazmi, pointed out that 1999 rules provided several kinds of major penalties which included the lowering in the rank and scale as well.
He argued that the suspension was not punishment in as much as the same is for ensuring a fair and impartial enquiry uninfluenced by the charged officer.
{{/usCountry}}He argued that the suspension was not punishment in as much as the same is for ensuring a fair and impartial enquiry uninfluenced by the charged officer.
{{/usCountry}}Accepting the arguments of the Advocate General, the court declined to grant interim order to the petitioner.
However, after hearing the contentious arguments of both the parties, the court ordered for the exchange of affidavits and for final disposal of the issue on August 29.