Allahabad High Court
Brij Mohan Lal Saxena vs The U.P. Power Corporation Limited And ... on 24 January, 2002
Equivalent citations: (2002)2UPLBEC1081
Author: Sunil Ambwani
Bench: Sunil Ambwani
JUDGMENT Sunil Ambwani, J.
1. Heard Shri Yatindra, learned Counsel for the petitioner and Shri S.P. Malhotra, learned Counsel for the respondents.
2. The petitioner was suspended on 7.3.2000 by the Deputy General Manager, U.P. Power Corporation Ltd., Mainpuri. A charge sheet was given to him on 23.6.2000. It appears that it was later on decided that enquiry would be conducted by Enquiry Commission at Lucknow and that the petitioner received a second charge sheet from the Enquiry Commission, U.P. Power Corporation Ltd., Lucknow dated 31.7.2000. He has been charged for handing over the key of the cash chest which should have been kept by him, to his subordinate officer. The cash chest was found vandalized and Rs. 4,81,499/- was stolen in the midnight of 25th/26th of a February, 2000. The substance of the allegation is that petitioner failed to carry-out his duties in protecting the cash chest and appears to have been involved in conspiracy.
3. It is submitted that petitioner has been given a charge sheet but enquiry has not been concluded so far, whereas he is going to retire on 30.4.2002.
4. From the records, I find that the enquiry is pending since last two years. According to the circulars issued by the U.P.S.E.B., the departmental enquiry should be concluded so far as possible within six months.
5. In the facts and circumstances looking to the date of retirement of petitioner, it is directed that the departmental enquiry pending against the petitioner shall be concluded, if it has not been concluded so far, before 31st of March, 2002. In case the enquiry is not concluded before the aforesaid date, petitioner shall be re-instated with effect from 1.4.2002, but such re-instatement would not restrict the right of the respondents to conclude the enquiry expeditiously. The petitioner has given an undertaking to co-operative in the enquiry. The writ petition is disposed of with aforesaid observation.