Allahabad High Court
Chandra Shekhar Tiwari vs State Of U.P. And 3 Others on 15 December, 2020
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- WRIT - A No. - 8019 of 2020 Petitioner :- Chandra Shekhar Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Dinesh Kumar Singh Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Dinesh Kumar Singh for the Committee of Management.
The petitioner is aggrieved by the order passed by the DIOS approving the order of suspension passed by the Committee of Management. The aforesaid order is challenged on the ground that the charges on which enquiry proceedings are contemplated to be undertaken are identical to those which were contained in an earlier charge sheet issued to the petitioner in 2015. The Court finds itself unable to sustain this submission since a bare perusal of charges which are levelled and noticed in the impugned order establishes that they are based on material pertaining to the period 2014 to 31 March 2020. It also becomes relevant to note here that there is no material on record to establish that the charge sheet of 05 October 2015 ultimately culminated in the exoneration of the petitioner. The submission of the charges being identical to those which were laid in 2015 is ex facie untenable.
The next submission of learned counsel was that the impugned order had come to be passed in violation of principles of natural justice. Even this submission appears to be factually incorrect since before passing of the impugned order, the DIOS has in fact placed the petitioner to notice and who had also submitted his response in the proceedings which were drawn. This fact is evident from a perusal of the impugned order itself where the contentions raised by the petitioner are duly noted.
Bearing in mind the nature of the allegations that are levelled the Court finds no justification to interfere with the order impugned.
The petition fails and is hereby dismissed.
Order Date :- 15.12.2020 Vivek Kr.