Allahabad High Court
Mukesh Kumar vs District Panchayat Raj Officer Distt. ... on 16 September, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 24072 of 2019 Petitioner :- Mukesh Kumar Respondent :- District Panchayat Raj Officer Distt. Raebareli And Anr. Counsel for Petitioner :- Sandeep Kumar Srivastava,Punima Bajpai Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
This Court has passed the order dated 05.09.2019 as under:-
"Heard Sri Sandeep Kumar Srivastava, learned counsel for the petitioner.
Notices for opposite parties have been accepted by the office of learned Chief Standing Counsel.
By means of this petition the petitioner has assailed the suspension order dated 21.5.2019 passed by the District Panchayat Raj Officer, Raibarely. The impugned suspension order itself provides that the inquiry officer shall provide the copy of the charge-sheet within a period of 15 days and the departmental inquiry shall be concluded within a period of one month but as per learned counsel for the petitioner more than three and half months period have passed even the charge-sheet has not been provided to the petitioner. Therefore, the learned counsel for the petitioner has submitted that the aforesaid sole ground may be sufficient to quash the suspension order. Besides, he has submitted that the false allegations have been levelled against the petitioner and the allegations are vague.
List this petition on 16.9.2019 as fresh to enable the learned Additional Chief Standing Counsel to seek complete instructions in the matter.
Interim relief application of the petitioner may be considered on the next date of listing.
If the charge-sheet has yet not been issued to the petitioner as submitted by the learned counsel for the petitioner, the District Development Officer, Panchayat, Salon who is inquiry officer in the matter shall appear before the Court along with the records to assist the Court."
In compliance of aforesaid order, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel has produced the copy of instructions letter dated 12.09.2019 preferred by the Assistant Development Officer (Panchayat), Block-Salon, District-Raebareli addressing to the Chief Standing Counsel, High Court, Lucknow Bench, Lucknow enclosing therewith the copy of charge-sheet dated 11.09.2019, the same is taken on record.
The impugned suspension order clearly mentions that the charge-sheet should be provided within a period of 15 days and the inquiry against the petitioner should be concluded within a period of one month. In the instructions letter dated 12.09.2019 it has nowhere been mentioned as to why the charge-sheet has not been provided to the petitioner within a period of 15 days and since the charge-sheet has not been provided to the petitioner within a period of 15 days, therefore, the inquiry could not have been concluded within a period of one month thereafter.
I have perused the charge-sheet dated 11.09.2019 and find that the allegations should be inquired into strictly in accordance with law and final order, if so needed, should be passed by the Disciplinary Authority by following due procedure of law. Since it is lapse on the part of the Inquiry Officer in not issuing the charge-sheet within period so prescribed in the suspension order dated 21.05.2019, therefore, the explanation may be called from the Inquiry Officer by the Competent Authority inasmuch as the inquiry was delayed on account of lapse on his part.
Since the charge-sheet has been issued, therefore, it is expected that the inquiry against the petitioner be conducted and concluded strictly in accordance with law, with expedition,subject to cooperation of the petitioner.
Accordingly, it is provided that the petitioner shall submit his defence reply to the charge-sheet within a period of 15 days from today and thereafter the inquiry shall be conducted and concluded within a period of six weeks. Thereafter the final order against the petitioner, if so required, can be passed within further period of three weeks.
In any case, the departmental inquiry against the petitioner shall be concluded on or before 17.11.2019, failing which, the suspension order shall stand revoked. However, in that case the departmental inquiry against the petitioner may go on and the final order may be passed but strictly in accordance with law.
In view of the above, the instant writ petition is disposed of finally.
Order Date :- 16.9.2019/Suresh/ [Rajesh Singh Chauhan,J.]