Heard learned counsel for the parties.
The order under challenge is dated suspension order dated 27.9.2019 passed by Director, Panchayati Raj, U.P., Lucknow.
Para 4 of the suspension order clearly provides that the departmental inquiry against the petitioner shall be conducted and concluded within two months under Rule 7 of the Government Servants (Discipline and Appeal) Rules, 1999, therefore, as per the suspension order the departmental inquiry could have been concluded against the petitioner by 29.11.2019.
The learned counsel for the petitioner has submitted that what to say to conclude the departmental inquiry by 29.11.2019 even the charge-sheet has not been provided to the petitioner till date.
Sri Ran Vijay Singh has provided the copy of the instruction letter dated 6.12.2019 enclosing therewith the brief comments on the writ petition as well as copy of the letter dated 5.9.2019 preferred by the District Panchayati Raj Officer, Balrampur addressing to the Director, Panchayat Raj, U.P., Lucknow and letter dated 13.9.2019 preferred by the Deputy Director, Devi Patan Mandal, Gonda addressing to the Director, Panchayat Raj, U.P., Lucknow.
The aforesaid two letters refer that the departmental inquiry against the petitioner should be conducted.
This Court does not appreciate the lapse on the part of the inquiry officer, who has not conducted and concluded the departmental inquiry against the petitioner within two months as per para 4 of the suspension order, even the charge-sheet has not been provided to the petitioner.
Therefore, in view of the above I hereby dispose of this writ petition finally at the admission stage directing the inquiry officer to provide the charge-sheet to the petitioner enclosing therewith the copies of relied upon documents / relevant documents, if the departmental inquiry is warranted against the petitioner within a week. The petitioner shall submit his defence reply to the charge-sheet within two weeks thereafter. After submitting the defence reply to the charge-sheet the inquiry shall be conducted and concluded strictly in accordance with law within a period of six weeks. Thereafter the final order shall be passed strictly in accordance with law within a period of three weeks.
It is needless to say that the petitioner shall cooperate with the departmental inquiry.
In any case the departmental inquiry, if it is so required shall be concluded within a period of six weeks after the receipt of defence reply to the charge-sheet failing which the suspension order shall stand revoked immediately after the aforesaid period. However, in that case the departmental inquiry may go on and the final order may be passed but strictly in accordance with law.
In view of above direction, writ petition is disposed of.
Order Date :- 18.12.2019 Om [Rajesh Singh Chauhan, J.]