Heard Sri S.K. Singh Kalhans, learned counsel for the petitioner and Sri Vinod Kumar Shukla, learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has assailed the charge-sheet dated 10.11.2020 signed on 15.05.2021 (Annexure No.3) whereby the defence reply/ explanation has been sought from the petitioner.
Learned counsel for the petitioner has submitted that the petitioner has preferred a representation dated 20.06.2021 to the Chief Secretary, Government of U.P., Lucknow (Annexure No.22) making request that till the decision in the Case Crime No.148/2019 is taken by the Competent Court of law, the departmental enquiry against the petitioner be deferred.
Learned counsel for the petitioner has further submitted that law is trite on the point that if any criminal case is pending before the Competent Court of law, till the conclusion of such criminal proceedings the departmental proceedings may not be conducted in the same case. However, vide letter dated 31.07.2021, the Enquiry Officer/ Inspector General of Police, A.T.S. has asked the petitioner to submit his defence reply at the earliest so that the departmental proceedings may go on. In the letter dated 31.07.2021, it has been indicated that the petitioner has been provided the copies of all the relevant documents.
The law is trite on the point that if the charge-sheet has been issued against an employee by the Enquiry Officer, the employee should submit his defence reply taking all pleas and grounds which are available with him and after receiving such defence reply, the Enquiry Officer would conduct and conclude the departmental enquiry strictly in accordance with law by affording an opportunity of hearing to the employee fixing date, time and place subject to proper cooperation of the petitioner/ employee and the enquiry should be concluded expeditiously and the findings thereof would be produced before the Disciplinary Authority, who shall take appropriate decision seeking explanation from the petitioner providing the copy of the enquiry report, but strictly in accordance with law.
Since this is a premature stage whereby the charge-sheet has been assailed and the petitioner has earlier approached this Court by filing writ petition bearing Writ Petition No.6296 (S/S) of 2021 wherein the order dated 12.03.2021 has been passed whereby this Court has already directed to conduct the departmental enquiry strictly in accordance with law and the said order has attained finality by the Appellate Court, therefore, it is expected that the enquiry against the petitioner shall be conducted and concluded in terms of earlier order of this Court.
Accordingly, the writ petition is disposed of finally.
Order Date :- 19.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]