Allahabad High Court
Shiv Raj vs State Of U.P. Thru Prin.Secy. ... on 30 September, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- SERVICE SINGLE No. - 27295 of 2019 Petitioner :- Shiv Raj Respondent :- State Of U.P. Thru Prin.Secy. Cooperative Societies Lko.&Ors Counsel for Petitioner :- Mohd.Ateeq Khan Counsel for Respondent :- C.S.C.,Shireesh Kumar Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the petitioner and Sri Shireesh Kumar learned counsel who has put in appearance on behalf of opposite parties no. 2 to 4 and learned Standing Counsel for the State.
This writ petition filed under Article 226 of the Constitution of India has come up against the order of suspension passed against the petitioner on 6.7.2018 in contemplation of inquiry.
Sri Shireesh Kumar, learned counsel for the opposite party nos. 2 to 4 has informed that the enquiry against the petitioner has already been completed with the submission of inquiry report on 26.9.2019. It is further submitted that for the purposes of taking a decision as regards issuance of show cause notice as well as the conclusion of proceedings against the petitioner, an approval is required from the U.P. Co-operative Institutional Service Board for which the matter is to be referred to the said Board. It is however assured that the disciplinary proceedings shall be finalized without any undue delay.
This Court without making any comment on the merit of the case hereby provides that the disciplinary action on the basis of inquiry report submitted by the inquiry officer shall be concluded by the competent authority expeditiously and preferably within a period of four months from the date of production of a certified copy of this order.
It is also expected that before passing any adverse order against the petitioner on the basis of inquiry held, the petitioner shall be afforded an opportunity of filing a reply. The petitioner shall duly co-operate in the process, failing which, the benefit of this order shall not be available to him. In case the disciplinary proceedings are not concluded within the time provided herein-above, the order of suspension in that event shall remain in abeyance till the conclusion of the disciplinary proceedings.
The petition is accordingly disposed of.
Order Date :- 30.9.2019/kanhaiya