Court No. - 35
Case :- WRIT - A No. - 13292 of 2020 Petitioner :- Smt. Abha Singh Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Shailendra Srivastava,Shailendra(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard Sri Shailendra, learned Senior Advocate assisted by Sri Shailendra Srivastava, counsel for the petitioner.
The present writ petition has been filed challenging the proceedings in an enquiry instituted regarding misrepresentation of her caste and consequentially obtaining employment as a lecturer. The charge sheet dated 11.9.2020 has been served on the petitioner to which, the petitioner has submitted her reply dated 30.9.2020. No finial or adverse order has yet been passed against the petitioner and, therefore, the petition is premature and no cause of action arises in favour of the petitioner. Any illegality or impropriety in the enquiry proceedings can be challenged by the petitioner in any action taken challenging the final order passed against her.
In view of the aforesaid, it is not a fit case for interference, at this stage, under Article 226 of the Constitution of India and, therefore, the prayers made by the petitioner are rejected as premature at this stage. However, the Director of Higher Education Uttar Pradesh, Prayagraj i.e. respondent no.2 is directed to ensure that the enquiry proceedings instituted against the petitioner shall be completed within a maximum period of three months from the date of copy of this order is produced before him.
With the aforesaid direction, the writ petition is dismissed.
Order Date :- 8.1.2021/CS