Court No. - 38
Case :- WRIT - A No. - 13240 of 2019 Petitioner :- Chandra Bhan Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Agrawal,Rahul Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against the initiation of disciplinary enquiry as also the charge sheet dated 16.04.2019 served upon the petitioner. The charge against the petitioner is that he has given false assurance of marriage to a lady and had established physical relations with her and also threatened her.
According to petitioner, on this very allegation criminal proceedings were also initiated against him and a final report has been submitted, in which charges have not been found proved.
It is stated that final report has also been accepted by the Court concerned. Contentions is that in such circumstances, the disciplinary action is wholly unwarranted.
Petition is opposed by learned Standing Counsel.
Perusal of the record would go to show that a reply has been submitted to the charge sheet, in which it is stated that in Case Crime No. 11 of 2018 under Sections 386, 504 IPC, the investigation has been concluded and a final report has been submitted. The Enquiry Officer is expected to examine this aspect of the matter so that the disciplinary enquiry itself could be concluded, expeditiously. The defence of the petitioner in the departmental enquiry is not required to be examined by this Court, at this stage.
It is, however, appropriate to direct the disciplinary authority to expeditiously ensure conclusion of disciplinary action initiated against the petitioner, within a period of three months from the date of presentation of certified copy of this order.
It is clarified that this Court has not adjudicated petitioner's defence on merits and all issues are left open to be considered by the disciplinary authority, at the first instance.
With the aforesaid observations, this petition is disposed off.
Order Date :- 26.8.2019 M. ARIF