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Judgment
S.C. Sharma
Regard being had to the similitude in the controversy involved in the matter, the above cases were heard analogously together and a common order is being passed. The facts of W.P. No. 8513/11(s) are being narrated as under :The petitioner before this Court has filed the present petition being aggrieved by an order of suspension dated 15.10.2011.
The contention of the petitioner is that on account of sudden illness on 27.9.11, he left the college and also submitted an application to the Principal informing him about the illness. The petitioner has also submitted a certificate issued by Block Medical Officer in prescribed formate, however his application was not accepted and he was placed under suspension. This court has granted an interim order on 21.10.11 staying the operation of order of suspension.
A reply has been filed in the matter and the stand of the State Govt is that a charge sheet has been issued and in order to find out whether the petitioner has committed a misconduct or not, a departmental enquiry is necessary and the same is going on.
This court is of the considered opinion that that once a departmental enquiry has been instituted in respect of the petitioner''s absence and also in respect of the certificate submitted by the petitioner, the petitioner shall certainly be having a right to submit all documents before the Inquiry Officer, who is conducting the departmental enquiry and, therefore, the question of interference by this court in the matter of pending departmental enquiry does not arise. However, keeping in view the totality of the circumstances of the case and also the interim order passed on 21.10.11, the suspension order dated 15.10.11 is hereby set aside and the respondents are directed to conclude the departmental enquiry at an early date as expeditiously as possible. The respondents shall also be free to pass appropriate order regarding period of suspension after the conclusion of the departmental enquiry in accordance with law.
The other identical petitions are also disposed of. No order as to costs.