Heard Sri R.B.S. Rathaur, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take a final decision in respect of the disciplinary proceedings initiated against the petitioner (on the basis of the suspension order dated 22.06.2017) in which a final enquiry report has been submitted by the Enquiry Officer to the opposite party No.4 on 31.10.2018.
II. Issue a writ, order or direction in the nature of certiorari thereby quashing the order dated 22.06.2017, passed by the opposite party No.2, as contained in Annexure No.1 to the writ petition."
Learned counsel for the petitioner has categorically indicated in para-12 of the writ petition that the petitioner has come to know that the Enquiry Officer has submitted his enquiry report before the opposite party No.4 on 31.10.2018 but no decision has been taken on the said enquiry report, resultant thereof, the petitioner is still under suspension pursuant to suspension order dated 22.06.2017.
More than one and half year period have lapsed with effect from suspension of the petitioner and after completion of enquiry, the enquiry report has already been submitted before the Disciplinary Authority and about three months period have lapsed but no decision has been taken by the Disciplinary Authority. This is sorry state of affairs on the part of the Disciplinary Authority.
Therefore considering the aforesaid submission of learned counsel for the petitioner, the opposite party No.1 i.e. the Principal Secretary, Secondary Education, Civil Secretariat, Lucknow is hereby directed to pass appropriate order, strictly in accordance with law by providing an opportunity of hearing to the petitioner, on the enquiry report with expedition say within a period of one month from today.
List this petition on 25.02.2019 to enable the learned Standing Counsel to produce the copy of the decision so taken by the Disciplinary Authority pursuant to the order of this Court through an affidavit.
It is provided that if no decision is taken by the Competent Authority within the aforesaid period, the Principal Secretary, Secondary Education, Civil Secretariat, Lucknow shall appear in person on the next date to explain the reasons as to why the decision has not been taken despite the specific order of this Court.
Order Date :- 22.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]