Court No. - 6
Case :- WRIT - A No. - 23068 of 2018 Petitioner :- Anil Pratap Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manu Saxena Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Manu Saxena, learned Advocate, in support of this petition and the learned Standing Counsel.
This petition challenges an order in terms of which the disciplinary proceedings have been initiated against the petition under the 1991 Rules. The submission advanced is that in the initial preliminary enquiry conducted, charges were not found to be proved against the petitioner. However, directions were issued by the S.S.P. on the same date and a fresh report was submitted and it is on this basis that the impugned action has been initiated.
This Court finds no ground to interfere with the initiation of disciplinary proceedings since undisputedly at the stage of submission of the initial preliminary report, the Enquiry Officer had concluded that no evidence had been preferred by the complainant against the petitioner in support of his complaint. Consequent to the subsequent directive, the said Enquiry Officer has relied upon evidence placed before him and ultimately concluded that further enquiry was warranted.
In any view of the matter since no findings adverse to the petitioner have been recorded by the Disciplinary Authority at this stage and since the issues on merits are yet to be enquired into, this Court finds no ground to entertain this petition at this stage or to examine the merits of the allegations levelled against the petitioner.
Leaving all contentions on merits open to be addressed in the enquiry, this petition is dismissed.
Order Date :- 27.10.2018 Arun K. Singh (Yashwant Varma, J.)