Court No. - 38
Case :- WRIT - A No. - 11072 of 2019 Petitioner :- Smt. Malti Chaudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandan Sharma,Sunil Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's husband late Vivek Kumar Chaudhary was employed in Revenue Department as Lekhpal in 1996. It appears that disciplinary proceedings were initiated against petitioner's husband with service of charge sheet on 2.12.2014. A reply was given by the petitioner's husband denying charges levelled against him. A show cause notice thereafter was issued alongwith enquiry report, to which petitioner's husband submitted his reply. Ultimately, an order of dismissal was passed on 5.4.2015. Petitioner's husband preferred a representation/appeal against the dismissal order, which was allowed by the District Magistrate, Budaun on 31.1.2017 and the matter was remitted back to the disciplinary authority. However, before any decision could be taken petitioner's husband died. Since no decision has been taken as such this petition has been filed by the petitioner for issuance of a direction to the disciplinary authority to drop the proceedings and to release terminal benefits payable to petitioner's husband.
Learned Standing Counsel submits that petitioner's grievance shall be examined by the authority competent, in accordance with law, at the first instance.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach respondent no.2 by making a representation in respect of her grievance, noticed above, alongwith certified copy of this order, annexing all materials in support of her claim, within a period of three weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned and an appropriate order would be passed, in accordance with law, within a further period of three months thereafter.
Order Date :- 25.7.2019 Ashok Kr.