Court No. - 36
Case :- WRIT - A No. - 12945 of 2018 Petitioner :- Amar Pal Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rahul Srivastava,Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the charge sheet dated 10.11.2014 whereby the enquiry has been initiated against the petitioner on the allegation of providing illegal benefits to ineligible persons under Indra Awas Scheme for the year 2013-16 by inclusion of their names in the list prepared by the petitioner.
On a pointed query made by the Court, the learned counsel for the petitioner submits that the role of the petitioner in the entire process of allotment of houses under the said scheme was that he was deputed to prepare the list of proposed beneficiaries. It is contended that the said list was prepared by him from a list of the BPL category resident of the village after due verification of their eligibility. The charges levelled against the petitioner in the charge sheet of preparation of list of ten ineligible persons is not substantiated from the record. Moreover, in the writ petition filed by those persons whose allotments have been cancelled, the Division Bench of this Court has set aside the cancellation order with the observation that their allotment have been cancelled without granting an opportunity of hearing.
It is, thus, contended that in all circumstances, the disciplinary enquiry initiated against the petitioner cannot proceed and the same is liable to be quashed. Even otherwise, for a period of approximately three and a half years, nothing much has been proceeded in the departmental proceeding.
Considering the submissions of the learned counsel for the petitioner and noticing the fact that the petitioner being the Gram Vikas Adhikar was given the duty to prepare the list of eligible persons to whom allotment of houses under the such scheme has been made, this Court does not find any justification to interfere.
The first charge against the petitioner while being posted as Gram Vikas Adhikari is that he has illegally benefited ten ineligible persons by including their names in the eligibility list. Second charge is also with respect to three beneficiaries who were found ineligible, in the enquiry into the matter of allotment made to them.
However, noticing the fact that for a period of three and a half years, the departmental enquiry initiated against the petitioner has not been concluded, a direction is issued to the disciplinary authority to conclude the departmental enquiry to bring it to its logical end, preferably, within a period of two months from the date of submission of certified copy of this order. It is made clear that the petitioner shall co-operate in the departmental enquiry and, in case, he fails to do so, the same shall be proceeded ex-parte.
Disposed of.
Order Date :- 29.5.2018/Himanshu