Heard Sri Shobhit Mohan Shukla, learned counsel for the petitioner and Sri Nishant Shukla, learned counsel for the opposite parties.
By means of this petition, the petitioner has assailed the suspension order dated 16.1.2021 passed by the Managing Director, U.P. State Bridge Corporation Limited, Lucknow. The Chief Project Manager, Gorakhpur has been appointed as enquiry officer vide subsequent office memo dated 16.1.2021.
As per subsequent letter dated 16.1.2021, the enquiry officer was directed to prepare the charge sheet within a period of fifteen days. Sri Shobhit Mohan Shukla has submitted that he is absolutely unaware about the fact as to whether charge sheet has been prepared against the petitioner or not within aforesaid period of fifteen days but no such charge sheet has been provided to the petitioner. Sri Nishant Shukla has submitted that the said charge sheet is under preparation. He has submitted that since the petitioner is keeping some documents with him and despite asking him to return those documents, the petitioner has not returned/ provided such documents to the authority concerned resultant thereof, the charge sheet in question could not be finalized.
If the petitioner is keeping some documents within his possession without any authority, the same shall be returned to the authorities with expedition, preferably within a period of one week, however, keeping the photocopy of those documents with him so that the charge sheet in question could be prepared and issued. As soon as the petitioner returns those documents to the competent authority, the charge sheet shall be provided to the petitioner after getting it approved from the competent authority within a period of fifteen days thereafter enclosing therewith the copies of relied upon documents etc. The petitioner may submit his defence reply to the charge sheet within a period of fifteen days. As soon as the defence reply to the charge sheet is filed by the petitioner, the enquiry officer shall conduct and conclude the departmental enquiry strictly in accordance with law, by affording him an opportunity of oral hearing, with expedition, preferably within a period of two months. Thereafter the findings of enquiry report shall be submitted to the disciplinary authority. It is not out of place to mention here that the petitioner shall cooperate with the enquiry officer inasmuch as no departmental enquiry can be concluded properly if the employee does not cooperate properly.
The disciplinary authority after getting the copy of enquiry report shall seek explanation from the petitioner providing him a copy of enquiry report and also providing sufficient time, not less than fifteen days and shall pass final order concluding the departmental proceedings. If the departmental enquiry is not concluded within aforesaid stipulated time subject to cooperation of the petitioner, the suspension order dated 16.1.2021 shall stand revoked. However, the departmental enquiry may be concluded and final order may be passed by the disciplinary authority.
In the aforesaid terms, the writ petition is disposed of.
Order Date :- 11.2.2021 RBS/-
[Rajesh Singh Chauhan,J.]