Court No. - 33
Case :- WRIT - A No. - 6111 of 2021 Petitioner :- Ashwani Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kamlesh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Order of suspension dated 10.3.2021 is assailed in this petition which records that on the basis of a preliminary inquiry petitioner's implication has been found in illegal allotment of houses in the Pradhanmantri Avas Yojna. This order is assailed on the ground that a preliminary inquiry has been constituted on 9.3.2021 and its report is still awaited.
Learned Standing Counsel has obtained instructions according to which the preliminary inquiry was directed on 12.2.2021 and such reports have already come on record, pursuant to which the order itself has been passed. It is also pointed out that charge-sheet has been served upon the petitioner on 5.7.2021. It is also stated that all preliminary inquiry reports have been furnished to petitioner.
From the material placed on record, it is apparent that disciplinary inquiry has been instituted against the petitioner and charge-sheet has been served upon him. The preliminary inquiry reports were already on record and have been annexed alongwith the charge-sheet. Correctness or otherwise of the allegations need not be gone into by this Court, at this stage.
The charges against the petitioner also are not such that it could be termed trivial or no major punishment could be inflicted in the event charges are established.
In the facts and circumstances of the case, it would be appropriate to dispose of this petition with liberty to the petitioner to submit reply of the charge-sheet. Such reply will be given within a period of two weeks from today. The disciplinary inquiry itself would be got concluded within a further period of four months, thereafter.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 30.7.2021 n.u.