Court No. - 33
Case :- WRIT - A No. - 12621 of 2021 Petitioner :- Dinesh Kumar Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Prem Prakash Counsel for Respondent :- C.S.C.,Jai Bahadur Singh
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order, dated 19.7.2021; whereby a four member committee has been constituted to look into the complaint made against the petitioner by a member of legislative assembly as also certain other persons. The complaint is challenged on the ground that petitioner is victimized for political considerations and that similar complaints made in the past have already been investigated and found baseless.
Pursuant to order passed in the present writ petition, personal affidavit has been filed by the Chairman, in which it is stated that the alleged enquiry report relied upon by the petitioner is manipulated. It is also stated that no enquiry has been conducted against the petitioner.
Law is settled that employer has every right to investigate the allegations made against an employee by holding an appropriate enquiry. By a separate order passed today, this Court has already directed the disciplinary enquiry to be continued against the petitioner while protecting the petitioner against the order of suspension for the purposes of holding of such enquiry. It is always open for the respondents to investigate facts. A chargesheet has already been directed to be served upon the petitioner within a month. In such circumstances, no interference with the order impugned, dated 19th July, 2021 is warranted. It shall be open for the respondents to ascertain facts and conduct a fair enquiry in terms of liberty granted in the other writ petition.
Subject to the above observations and directions, this writ petition stands disposed of.
Order Date :- 28.10.2021 Ranjeet Sahu