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Allahabad High Court Sets Aside Suspension Of Covid Positive Employee; Says Suspension Order Can't Be Passed During Pendency Of Preliminary Inquiry
LIVELAW NEWS NETWORK
22 May 2021 7:51 PM IST
The Allahabad High Court has quashed an order passed by the concerned authorities of UP Government, suspending the services of one Gaurav Bansal who failed to resume office after completion of his casual leave period, on account of contracting Covid-19. The suspension order has been set aside on the ground that the preliminary inquiry into the Petitioner's conduct is still...
The Allahabad High Court has quashed an order passed by the concerned authorities of UP Government, suspending the services of one Gaurav Bansal who failed to resume office after completion of his casual leave period, on account of contracting Covid-19.
The suspension order has been set aside on the ground that the preliminary inquiry into the Petitioner's conduct is still pending.
A Single Bench of Justice Rajnish Kumar has held,
"Having considered the submissions of learned counsel for the parties and perusing the records, it is apparent that the legal position is settled vide judgment and order dated 03.09.2013 passed in Writ-A No.53895 of 2013 that a suspension order can not be passed during pendency of a preliminary inquiry. The aforesaid judgment has been passed relying on a full bench decision of this Court in the case of Raj Veer Singh Vs. State of U.P. and Others; 2010 (10) ADJ 246."
The Petitioner in this case had gone on three days' casual leave on April 3 but on April 7 he was detected COVID positive therefore he could not join the duties back. His brother informed the concerned authorities through speed post and also sent the COVID positive report of the Petitioner.
The Petitioner was found COVID negative on May 2 and he joined the office back the next day. However, he was placed under suspension by means of order dated May 5, in contemplation of preliminary inquiry.
The Petitioner relied on the case of Chandra Prakash SI v. State of UP & Ors., Writ-A No. 53895/2013, to argue that he cannot be suspended on a "non-existing ground".
The Additional Chief Standing Counsel also could not dispute the legal position and sought liberty to pass a fresh order after completion of the preliminary inquiry.
Accordingly, the Court ordered,
"In view of the settled position and the facts before the Court the order of suspension dated 29.04.2021 contained in annexure no.1 to the writ petition can not be sustained in the eyes of law and the same is accordingly quashed. It is, however, open for the competent authority to pass a fresh order after receipt of report of preliminary inquiry as per law. The consequences shall follow accordingly as per law."
Case Title: Gaurav Bansal v. State of UP & Ors.
Read Order
