Court No. - 16
Case :- WRIT - A No. - 17964 of 2018 Petitioner :- Lalman Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Manoj Kumar Srivastava Counsel for Respondent :- C.S.C.,Sujit Kumar Rai
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner, learned counsel appearing on behalf of respondents no. 3 and 5 and the learned Standing Counsel on behalf of respondents no. 1, 2, 4 and 6.
The petitioner is aggrieved by an order passed by the respondent no. 3 Member/Secretary, District Administrative Committee and Secretary/Chief Executive Officer, District Cooperative Bank Ltd., Banda, Chitrakoot suspending him and initiating disciplinary proceedings against him on some irregularity found in the stock. An F.I.R. was also lodged against the petitioner for similar misconduct. The petitioner filed Writ Petition No. 15730 of 2018 (Lalman Singh Vs. State of U.P. & 3 Others). The Court had granted relief to the petitioner by its order dated 22.06.2018. The investigation is going on. Insofar as the impugned order of suspension is concerned, the petitioner states that the Enquiry Officer nominated is the same person who was the first informant lodging the F.I.R.
In view of the fact mentioned in the impugned order, this court would not like to interfere at this stage in the suspension order. The writ petition is disposed of with a direction to the petitioner to approach the respondent no. 3 by filing a representation regarding his grievance of the Enquiry Officer being the same person who had lodged the F.I.R. and praying for change of Enquiry Officer. The petitioner shall make his representation within two weeks from today. The Appointing Authority, on receipt of such representation, shall pass appropriate reasoned and speaking order either ways within a period of two weeks. The Appointing Authority shall ensure service of charge- sheet on the petitioner within a period of two weeks thereafter. The disciplinary proceedings against the petitioner should be completed within a period of six months and final orders be passed by the Appointing Authority latest by 28.02.2019.
In case no final orders are passed by the Appointing Authority then the petitioner shall be reinstated with full salary and such reinstatement shall be subject to final order passed in the disciplinary proceedings.
Order Date :- 24.8.2018 VR