1. Heard Sri Prashant Singh Atal, learned counsel for the petitioner, learned ACSC for respondent Nos.1, 2, 3, 4 & 7, Sri Ajay Kumar for respondent No.5 and Sri Sarvesh Kumar Dubey, learned counsel for respondent Nos.2&6.
2. By means of present writ petition, the petitioner is challenging the order of suspension dated 01.07.2021.
3. Brief facts of the case giving rise to the writ petition are that the petitioner was appointed as Assistant Teacher in Basic Education Department, District Sitapur on 02.07.2009. A proceeding of selection was conducted for appointment on deputation on the post of District Coordinator (Training) and in pursuance thereof, the petitioner applied for and got selected and accordingly, took charge of the post of District Coordinator (Training) in District Project Office, Shahjahanpur on 10.06.2020.
4. On 18.09.2020, a complaint has been made against the petitioner by the U.P. Primary Teachers Association, Shahjahanpur for demand of gratification of Rs.5,000/- from an Assistant Teacher.
5. In pursuance thereof, an inquiry was directed against the petitioner vide order dated 28.09.2020, reply to which has been submitted by the petitioner vide letter dated 03.10.2020. In the inquiry proceeding, preliminary report has been submitted on 18.12.2020 and the inquiry officer submitted the inquiry report to respondent No.2 on 25.01.2021 and in pursuance thereof, the petitioner appeared before respondent No.6 on 23.02.2021 to submit his clarification. Subsequent thereto, the order dated 26.05.2021 has been passed repatriating the petitioner to his parent department with the observation to suspend him after joining and in pursuance thereof, vide impugned order dated 01.07.2021, the service of the petitioner has been suspended.
4. Assailing the impugned order, submission of learned counsel for the petitioner is that almost 25 days have passed but till date the petitioner has not been served the charge sheet in regard to the allegations levelled against him. He further submitted that only to harass the petitioner, the impugned order has been passed on the allegation that he demanded Rs.5,000/- from an Assistant Teacher while discharging duties on the post of District Co-ordinator.
5. In view of facts and circumstances of the case and considering the submissions advanced by learned counsel for the parties, this Court is of the opinion that in case direction is issued to the respondent to conclude the disciplinary proceeding in a time bound manner, ends of justice would be met.
6. Accordingly, without entering into merit of the case respondent No.2 is directed to serve copy of charge sheet upon the petitioner within two week from today by appointing an inquiry officer, who will conclude the inquiry proceeding by affording fullest opportunity of hearing to the petitioner and submit the report to the disciplinary authority. The disciplinary authority is directed to pass appropriate order in accordance with law after issuance of notice along with copy of inquiry report to the petitioner to submit his reply.
7. The said exercise shall be completed within a period of three months from the date of production of a certified copy of this order.
8. With the aforesaid observations and directions, the writ petition is finally disposed of.
Order Date :- 27.7.2021 Adarsh K Singh