The petitioner's Writ Petition No.4321 (SS) of 2019 was finally disposed of by the Writ Court vide judgement and order dated 14.2.2019 in following terms:-
"Submission of learned counsel for the petitioner is that the petitioner was issued a chargesheet on 28.09.2018 which was received by him on 11.12.2018. The petitioner had submitted his reply on 15.12.2018. Thereafter an enquiry report has been submitted on 04.01.2018 but till date no decision has been taken despite there being a provision in the Government Order dated 30.07.1977 that in case the consultation of the Public Service Commission is not necessary, the final order would be passed within 15 days of receipt of the enquiry report. In the present case consultation from the Public Service Commission is not required. Accordingly, a prayer has been made for a direction to take a final decision in the matter within some stipulated period.
Sri D.C.Pathak, learned Additional Chief Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
Considering the submission of learned counsel for the parties, the writ petition is disposed of with direction to the competent authority that in case the facts as stated by the learned counsel for the petitioner are true, the decision shall be taken in the matter within a period of 15 days from the date of production of certified copy of this order.
In case the consultation from the Public Service Commission is required, the period spent in consultation shall be excluded from the period given above for taking decision in the matter."
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Sri Manoj Singh, Principal Secretary, Social Welfare Department, Government of U.P. has been tendered today in the Court by Sri Amit Mishra, learned Standing Counsel, which is taken on record. Along with the aforesaid affidavit, a copy of the decision dated 28.8.2019 has been placed on record as Annexure No.CA-2 to the affidavit, whereby the representation of the petitioner dated 18.2.2019 has been decided. It has been said that the decision has been taken to re-enquire the matter and Sri P.K. Tripathi, Joint Director, Social Welfare Department, Government of U.P. has been appointed as the enquiry officer.
Since the decision has been taken to re-enquire the matter and the enquiry officer has been appointed, I do not think it proper to keep this contempt petition pending, which is hereby dismissed as having become infructuous.
However, if the petitioner is aggrieved by the aforesaid decision dated 28.8.2019 appointing enquiry officer to re-enquire the matter against the petitioner, it will be open to him to take recourse before the competent Court/forum, if he is so advised and law permits.
Contempt notice stands discharged.
Order Date :- 30.8.2019 Rao/-