• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Suspension order cannot be passed during pendency of preliminary inquiry: Allahabad High Court quashes suspension of Covid infected employee

Latest News

Back

Suspension order cannot be passed during pendency of preliminary inquiry: Allahabad High Court quashes suspension of Covid infected employee

Courtesy/By: YASHASVI SHARMA  |  24 May 2021     Views:412

A single-judge Bench of Justice Rajnish Kumar set aside the suspension order and held that since the preliminary inquiry is still pending, the suspension order cannot be sustained. It is a settled legal position that a suspension order cannot 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).

"It is apparent 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 not be passed during the 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 v. State of U.P. and Others [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 could not report back for duties. This was reported to the concerned authorities by his brother through speed post accompanied by the Covid report.

On May 2, the petitioner tested negative and 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.

On the basis of the above and relying on the judgment and order passed in Writ-A No.53895 of 2013; Chandra Prakash S.I. Vs. State of U.P. and Others, learned counsel for the petitioner submitted that the petitioner has been suspended on a nonexisting ground before completion of the preliminary inquiry which could not be done. Considering the aforesaid judgment this Court had also quashed the suspension order in the case of Nizamuddin Vs. State of U.P. and Others in Writ Petition No.6600 (S/S) of 2015. Learned Additional Chief Standing Counsel could not dispute the legal position and submission of learned counsel for the petitioner. However, he submitted that the liberty may be granted to pass a fresh order after completion of the preliminary inquiry. 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 the 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 Court, however, ruled that such the suspension, before completing the preliminary inquiry, cannot be sustained. It, therefore, quashed the suspension order. The Court, however, clarified that it is open for the competent authority to pass a fresh order after receipt of the report of preliminary inquiry as per law. 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 the report of preliminary inquiry as per law. The consequences shall follow accordingly as per law. The writ petition is disposed of in aforesaid terms.


Document:


Courtesy/By: YASHASVI SHARMA  |  24 May 2021     Views:412

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6080
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5503
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5484
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5279
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5302
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:4947
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5322
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5312
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5431
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5617
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5327
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5293
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5244
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5367
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5320
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5651
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5477
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6320
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5440
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5787
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5683
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5873
World Health Assembly Revises International Health...
21 Jul 2024     Views:5726
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5838
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5627
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:9021
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7561
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7600
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7391
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8360
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7698
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6234
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:7017
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6276
Exploring the Differences between the US and India...
29 Jun 2023     Views:6280
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6531
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6229
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6212
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6258
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6227
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6583
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6076
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6108
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6553
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6754
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6327
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6765
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8743
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6761
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6425
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12080
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6143
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:6998
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6572
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6282
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6511
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6148
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6598
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6269
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6713
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:6929
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7159
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11050
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6366
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6233
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7366
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6080
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6092
Scope of Section 151 CPC...
13 May 2023     Views:7674
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6619
Scope of Decree under CPC...
10 May 2023     Views:6169
Legal development of Arbitration Laws in India....
09 May 2023     Views:6214
Arbitration Laws in India...
07 May 2023     Views:6161
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8262
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6443
Same-Sex Marriage in India...
30 Apr 2023     Views:6081
National Commission for Women...
27 Apr 2023     Views:5934
Law making process of India....
26 Apr 2023     Views:7023
Bail Provisions in India...
25 Apr 2023     Views:5957
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6377
Contempt of Court...
23 Apr 2023     Views:6213
The collegium system of Judiciary in India....
22 Apr 2023     Views:5900
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5892
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6054
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8493
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7101
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6175
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5890
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6100
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5661
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5884
Law should take into consideration realities of co...
10 Apr 2023     Views:5712
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6315
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6436
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6162
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6638
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:5943
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6082
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6673
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6408
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96396
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:73975
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71388
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70523
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:59889
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.