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Suspension order cannot be passed during the pendency of preliminary inquiry: Allahabad High Court

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It is a settled legal position that a suspension order can’t be passed during the pendency of a preliminary inquiry, the Allahabad Court recently said setting aside an order of suspension passed against a COVID infected employee (Gaurav Bansal v. State of UP & Ors).

A single-judge Bench of Justice Rajnish Kumar put aside the suspension order and held that since the preliminary inquiry remains pending, the suspension order can’t be sustained.

“It is clear that the legal position is settled vide judgment and order dated September 3, 2013 passed in Chandra Prakash SI v. State of UP that a suspension order can’t be passed during the pendency of a preliminary inquiry. The aforesaid judgment has been passed counting on a full bench decision of this Court within the case of Raj Veer Singh v. State of U.P. et al. [2010 (10) ADJ 24],” the Court said.

The case of the petitioner was that on April 3, he had availed three days’ casual leave on April 3, 2021. He, however, tested positive for COVID on April 7 couldn’t report back for duties. This was reported to the concerned authorities by his brother through speed post amid the Covid report.

On May 2, the petitioner tested negative and therefore the very next day i.e on May 3, he reported for duty. He was, however, placed under suspension by an order dated May 5, 2021, in contemplation of preliminary inquiry.

The Court, however, ruled that such the suspension, before completing the preliminary inquiry, can’t be sustained.

It, therefore, quashed the suspension order. The Court, however, clarified that it’s open for the competent authority to pass a fresh order after receipt of the report of preliminary inquiry as per law.

https://www.instagram.com/p/CPOlxJCLN8L/

Source: https://www.barandbench.com/news/litigation/allahabad-high-court-quashes-suspension-of-covid-infected-employee-preliminary-inquiry

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