Heard Sri G.K.Srivastava, learned counsel for the applicant and Sri Neeraj Upadhyaya, learned Additional Chief Standing Counsel for the opposite party.
This is very unfortunate case where a departmental proceeding was initiated against the applicant in the year 2008 and the enquiry report was submitted on 23.10.2008. The applicant retired from service in June, 2008. When no decision was taken by the responsible State authorities, the applicant filed Civil Misc. Writ Petition No. (Mumtaz Ahmad vs. State of U.P. and 2 others). The writ petition was disposed of with the direction to the Principal Secretary, Secondary Education, Shiksha Anubhag-13, Government of U.P. Lucknow to takefinal decision on the enquiry report submitted on 23.10.2008 expeditiously, preferably within a period of three months from the date of presentation of the certified copy of the order.
It is stated that a copy of the aforesaid order was served upon opposite party no.1 but no final decision has been taken.
Sri Neeraj Upadhyay, Additional Chief Standing Counsel has filed a short counter affidavit on behalf of Jitendra Kumar, Principal Secretary, Secondary Education, Shiksha Anubhag-13, Government of U.P. Lucknow, who has now been placed under suspension. It is stated that he is not capable to take decision in the matter.
Learned counsel for the petitioner is directed to implead the present Principal Secretary, Secondary Education, Shiksha Anubhag-13, Government of U.P. Lucknow during the course of the day.
Issue notice to the newly impleaded Principal Secretary, Secondary Education, Shiksha Anubhag-13, Government of U.P. Lucknow, Sri Manoj Kumar Singh returnable within a period of four weeks.
List after five weeks. In case the order passed by this Court dated 27.9.2013 is not complied with Sri Manoj Kumar Singh, Principal Secretary, Secondary Education, Shiksha Anubhag-13, Government of U.P. Lucknow shall remain present before the Court on the next date. Personal appearance of Sri Jitendra Kumar is hereby exempted. He need not to apear before the Court on future dates unless required by the Court.
List on the date mentioned in the notice.
Order Date :- 10.4.2014 samz