Court No. - 38
Case :- WRIT - A No. - 13203 of 2019 Petitioner :- Dr. Brijesh Mishra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against the orders dated 27.4.2018 and 18.7.2019 whereby disciplinary action has been initiated against the petitioners and a charge-sheet has been served upon them.
A perusal of the record would go to show that this Court in Writ Petition No. 63478 of 2014 made some observations with regard to alleged illegal payment of Rs. 35 lakhs to respondent no. 7 in that petition. According to the petitioner disciplinary action was initiated against the persons responsible and the proceedings were concluded. Submission is that in respect of same charge, authorities would not be justified in initiating disciplinary action against the petitioner. It is also stated that the petitioners were not posted during that period.
Learned Standing Counsel submits that the contention advanced on behalf of the petitioners could be examined in the disciplinary inquiry proceedings and the defence of the petitioners in that regard is not required to be adjudicated by this Court in the present petition.
Objection raised on behalf of the State appears to have substance. The question as to whether petitioners were responsible for the alleged illegal payment of Rs. 37,14,970/- or were not posted there at that time, are issues of facts which can always be examined in the appropriate disciplinary proceedings which have been initiated by the State authorities. The defence which might be available to the petitioners in the disciplinary proceeding need not be adjudicated at this stage.
In the facts and circumstances of the case, no case for interference of this Court is made out. Writ petition fails and is accordingly dismissed.
It goes without saying that the petitioners' defence, as is set up before this Court, shall be examined in the disciplinary inquiry proceedings, on merits.
Order Date :- 26.8.2019 n.u.