Court No. - 16
Case :- WRIT - A No. - 8170 of 2018 Petitioner :- Brij Bihari Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Pradeep Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed while entertaining the writ petition on 19.3.2018:-
"It is stated that initially disciplinary proceedings initiated against the petitioner resulted in provisional reinstatement of petitioner on 29.1.2014, and without taking the disciplinary proceedings to its logical end, an order of suspension has again been passed by recalling the earlier interim reinstatement made on 29.1.2014.
Learned Standing Counsel may obtain instructions. Specific instruction will also be obtained with regard to status of disciplinary proceedings initiated against the petitioner.
Post as fresh on 27th March, 2018."
Learned Standing Counsel has obtained instructions, which are taken on record.
As per the instructions, pursuant to the inquiry initiated against the petitioner in the year 2013, a charge-sheet has been served upon the petitioner on 20th February, 2018. It is also stated that petitioner's working has not been satisfactory after he was provisionally reinstated.
Perusal of records would go to show that disciplinary proceedings, against the petitioner, have been initiated pursuant to the orders passed on 16th May, 2013. As per the instructions, a charge-sheet was prepared and was approved by the disciplinary authority on 3.9.2013 but the same apparently was not served upon the petitioner. A charge-sheet has now been prepared on 20th February, 2018 and inquiry is pending.
In respect of subsequent acts also a charge is included. However, there is no satisfaction recorded that charges levelled against the petitioner are serious enough, which may result in imposition of major penalty, if proved. There is apparently no reason as to why the inquiry initiated in the year 2013 could not be concluded, so far.
The disciplinary proceedings against the petitioner would be concluded at the earliest possible and the petitioner undertakes to co-operate.
In the facts and circumstances, this petition stands disposed of by making following observation :
(i) The inquiry initiated against the petitioner shall be concluded within a period of four months as the petitioner has already submitted a reply to the charge-sheet.
(ii) Till the disciplinary proceedings are concluded, the petitioner shall be allowed to continue in service and the order dated 21st December, 2016, stands quashed, to that extent.
(iii) It shall be open to the respondents to verify and to fix responsibility in the matter relating to non-service of charge- sheet upon the petitioner, though it had been approved in 2013 itself.
Order Date :- 27.3.2018 LN Tripathi