Court No. - 49
Case :- WRIT - C No. - 23595 of 2019 Petitioner :- Naiyyar Alam Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sanjay Vikram Singh Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The enquiry against the respondent no. 5 was initiated on the complaint of the petitioner. The petitioner has challenged the Appellate Order by which the Commissioner (Food), Varanasi Mandal, Varanasi had directed the Sub Divisional Officer to re- enquire into the matter and complete the enquiry within a period of four weeks.
The petitioner who was aggrieved by the Appellate Order by which the matter has been remanded back has filed the instant writ petition. He states that when the order of the Sub Divisional Officer dated 27.7.2018 by which the respondent no. 5 had been punished was a complete order and had been passed after a full-fledged enquiry, no remand was required.
Learned Standing Counsel, however, submits that the enquiry as had been conducted by the Sub Divisional Officer was not in accordance with the provisions of the Government Order 29.7.2004 and, therefore, it was only in the fitness of things that the matter was remanded back.
Under such circumstances, it is being directed that the order dated 29.3.2019 shall be complied with and the enquiry shall be completed within the next four weeks.
The writ petition is disposed of.
The petitioner may also participate in the enquiry.
Order Date :- 25.7.2019 praveen.