Court No. - 16
Case :- WRIT - A No. - 17541 of 2018 Petitioner :- Jalaj Kumar Mathur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Shukla,Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Madan Mohan Chaurasisa
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Shri Madan Mohan Chaurasia learned counsel appearing on behalf of respondents no. 2 to 4.
The petitioner is aggrieved by the order dated 30.07.2018 passed by the respondent no. 3 by which the petitioner has been suspended in contemplation of enquiry. By the same order, the Senior Finance & Accounts Officer, Janardan Prasad Pandey, has been nominated as Enquiry Officer and the Deputy Avas Ayukt Bareilly Region, Bareilly has been nominated for formulation of charge-sheet.
Looking into the allegations made against the petitioner as per the preliminary fact and finding enquiry mentioned in the first paragraph of the suspension order, this Court feels it appropriate to dispose of this writ petition with a direction to the respondents to serve a charge-sheet upon the petitioner within a period of 15 days from the date a certified copy of this order is produced before them.
The petitioner shall submit his reply and also indicate whether he requires personal hearing and wishes to produce defence witnesses in his favour also while giving his reply to the charge-sheet. The Enquiry Officer shall conduct the enquiry strictly in accordance with the rules by fixing date, time and place of hearing. Such date, time and place of hearing shall be communicated to the petitioner through registered post at his address mentioned in his service book.
In case the petitioner fails to cooperate in the enquiry, the Enquiry Officer shall pass a detailed order mentioning the dates fixed and the attempts made to communicate the same to the petitioner and the failure of the petitioner to cooperate with the enquiry and then proceed ex parte.
The enquiry shall be completed within a period of three months from the date of submission of reply by the petitioner. The enquiry report shall thereafter be submitted to the appointing authority who shall issue a show-cause notice to the petitioner along with a copy of the enquiry report and pass final orders thereon within a period of two months.
In case the aforesaid time schedule is not followed by the respondents and the disciplinary proceedings are not completed in time, then the respondents shall reinstate the petitioner, subject to the final decision taken in the disciplinary proceedings.
With the aforesaid direction the present writ petition is disposed of.
Order Date :- 18.8.2018 VR