Court No. - 58
Case :- WRIT - A No. - 16480 of 2018 Petitioner :- Amar Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Y.S. Saxena Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining this petition, following orders were passed on 06.08.2018:-
"Disciplinary proceedings were initiated against the petitioner in 1999. It appears that since chargesheet was not served, the petitioner was reinstated in service. Grievance is that the petitioner is due to retire in September, 2018, and his retiral benefits would be withheld for such reasons.
Learned Standing Counsel may obtain instructions. Put up in the additional cause list on 13.8.2018"
Learned standing counsel submits that the only prayer made in the writ petition is to command the respondents to release the entire benefit of service, increment, promotion, allowances to the petitioner. It is stated that the prayer is wholly vague and general in nature and is not capable of being considered by the authority concerned.
This Court finds substance in the contention advanced by the learned standing counsel; in as much as, necessary pleadings have not been made to substantiate petitioner's claim with regard to grant of promotion or other benefits. So far as the disciplinary proceeding is concerned, although argument was advanced by the learned counsel for the petitioner, but no pleading or prayer has been made in that regard.
No effective relief can, thus, be granted to the petitioner.
However, it would be appropriate to observe that in case petitioner has any grievance with regard to denial of service benefit, it shall be open for him to approach the competent authority and such grievance of the petitioner shall be dealt with, in accordance with law.
Subject to aforesaid observations, this petition is consigned to records.
Order Date :- 21.8.2018 Amit Mishra