Court No. - 16
Case :- WRIT - A No. - 23246 of 2018 Petitioner :- Kundan Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Prasad Counsel for Respondent :- C.S.C.,Sheo Ram Singh
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for petitioner and learned standing counsel for the Corporation, Mr. Sheo Ram Singh.
2. The learned standing counsel for respondents at the outset has submitted that a charge sheet has already been issued to the petitioner on 05.10.2018 by the Enquiry Officer and the petitioner may submit his reply to the Enquiry Officer if he has not done so already and the inquiry may be concluded within a time period as fixed by this Court.
3. Consequently, this Court without entering into the merits of the controversy disposes off this writ petition with a direction to the petitioner to submit his reply to the charge sheet issued by the Enquiry Officer within a period of 10 days from today if he has not done so already. The Enquiry Officer shall conclude the inquiry within a period of three months thereafter giving full opportunity of hearing to the petitioner. In case petitioner refuses to cooperate in the inquiry proceeding, then, the Enquiry Officer is free to proceed ex-parte with the inquiry by passing a reasoned and speaking order.
4. After the inquiry report is submitted by the Enquiry Officer, the Appointing Authority shall issue a show cause notice to the petitioner along with a copy of the inquiry report calling for his comments and take appropriate decision thereafter within a further period of two months.
5. In case the inquiry is not completed within the time schedule as provided by this Court in this order, then, the petitioner shall stand reinstated and his suspension order would be revoked subject to the final orders to be passed in the disciplinary proceedings pending against him.
Order Date :- 30.10.2018 LBY