Court No. - 36
Case :- WRIT - A No. - 10388 of 2021 Petitioner :- Mahendra Pal Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.K. Mishra Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Kaushalendra Nath Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri Abhishek Srivastava appears for respondent no.2 and Shri Vinayak Nath Singh holding brief of Shri Kaushlendra Nath Singh appears for respondent nos.3 and 4.
Present writ petition has been preferred for a direction to respondents to pay retiral dues i.e. gratuity, arrears of 3 days salary, arrears of D.A., bonus of year 2017-18, arrears of 7th Pay Commission and arrears of pension along with interest and to pay regular pension and for a further direction to respondent nos.2 and 3 to take final decision in the matter of petitioner and conclude the disciplinary proceeding within stipulated period.
On the matter being taken up today, learned counsel for the petitioner makes a statement at Bar that the departmental proceedings against the petitioner has been finalised in the month of August, 2021 and enquiry report has also been submitted to Managing Director, U.P. Power Corporation Ltd., Shakti Bhawan, Lucknow. As such it is contended that respondents may be directed to take final decision in the matter and reprieve the petitioner.
The Court has proceeded to examine the record in question and find that in case the enquiry has already been finalised, it is incumbent upon the competent authority to pass appropriate order in the matter so that appropriate relief may be accorded to the petitioner. As such the authority concerned is directed to take all remedial measures so that substantial justice may be ensured in the matter. The said exercise shall be completed within two months from the date of production of copy of this order.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 SP/