The court was hearing a writ petition filed by the
complainant challenging the suspension and also the deduction
of his entire pension amount.
A division bench comprising Justices Vijay Manohar Sahai
and Vikram Nath, in its order dated 15.06.2010, asked the
minister and the Principal Secretary to appear in person
before the court on July 30 next and file their personal
The court also stayed he two orders of the Principal
Secretary whereby the petitioner Ranveer Singh Jurail's
pension was deducted, observing that "the order of punishment
is per se bad in law and suffers from the vice of malice".
Coming down heavily on the Principal Secretary, the court
asked the official to "explain in his counter affidavit as to
why he has passed the impugned order without even reading the
inquiry report and whether while functioning as Principal
Secretary he is passing orders in such a fashion in every
matter before him".
Jurail, who had retired on 31.08.2007, was placed under
suspension on 29.08.2007, for alleged irregularities in the
purchase of pipes.
An inquiry was conducted but none of the charges were
proved. Dissatisfied with the report, the state government
ordered yet another inquiry which indicted him of only some of
The petitioner alleged that no charge of misappropriation
of government money was proven against him, and the charges
proved pertained to minor procedures, yet the Principal
Secretary, at the behest of the minister, passed the
Allahabad: The High Court here has summoned
the UP Minor Irrigation minister and the department Principal
Secretary in connection with suspension of a Chief Engineer
two days before his superannuation for alleged irregularities
though all charges against him were not proved.
First Published: Tuesday, June 22, 2010, 00:34