Court No. - 58
Case :- WRIT - A No. - 15487 of 2018 Petitioner :- Gyan Prakash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of promotion passed in favour of the petitioner on 27.6.2018 has been cancelled on the ground that disciplinary enquiry was pending against him, and therefore, at best his matter could have been kept in a sealed cover.
Learned counsel for the petitioner submits that enquiry is continuing since long and for such reasons the promotion order could not have been cancelled.
Learned Standing Counsel supports the order impugned for the reasons recorded therein.
The factum of pendency of disciplinary enquiry against the petitioner is not disputed. In such circumstance, the appropriate course for the authorities was to have kept petitioner's promotional issue in sealed cover awaiting orders to be passed in the disciplinary enquiry. This is what has been done by the authorities vide order impugned. Such observation is otherwise made keeping in view the law laid down by the Apex Court in Union of India and others vs. K. V. Jankiram, (1991) 4 SCC 109. In such circumstances, no interference is called for.
It is, however, provided that as enquiry initiated is stated to be pending since long, it would be appropriate to direct respondent no.2 to ensure conclusion of disciplinary enquiry pending against the petitioner, at the earliest possible, preferably within a period of four months from the date of presentation of certified copy of this order, provided petitioner cooperates in the enquiry.
With the aforesaid observations/directions, this writ petition is consigned to records.
Order Date :- 25.7.2018 Ashok Kr.