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| HC quashes suspension of migrant teacher | | | Early Times Report
Jammu, July 3: State High Court quashed the suspension of Sanjay Pandita a teacher in the Migrant Cell.
Justice Sanjeev Kumar after hearing Sr. Adv PN Raina with Adv JA Hamal for the petitioner whereas AAG Ravinder Gupta appearing for the state observed that instant case is a case of sheer abuse of power by the authority concerned who has kept the petitioner under suspension for eight years without even serving upon him a charge sheet. The enquiry as contemplated in the order impugned has not proceeded even an inch. Several opportunities were granted to the respondents to indicate the status of enquiry, but no response was given. In these circumstances, this Court is left with no option but to presume that the petitioner was placed under suspension when there was no enquiry contemplated against him and if the same was contemplated, it has not proceeded even an inch despite lapse of more than eight years. Viewed from any angle, order impugned cannot be justified and the same deserves to be quashed.
Justice Sanjeev Kumar after hearing both the sides allowed the petition the order impugned dated 27.01.2010 is quashed. The petitioner shall be re-instated forthwith. Nothing said hereinabove in this order would prevent the respondents from holding an enquiry against the petitioner as contemplated in the order impugned.
Needless to say that if the respondents have already initiated an enquiry against the petitioner and is pending, the same shall also be concluded within the aforesaid period. |
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