Court No. - 36
Case :- WRIT - A No. - 13356 of 2018 Petitioner :- Narendra Singh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the submits that the departmental enquiry had been initiated against the petitioner with the service of the charge sheet dated 12.12.2014 after obtaining approval of the Governor under Article 351-A of Civil Services Regulation.
It is further contended that the petitioner has duly participated in the enquiry and a final report has been submitted on 29.06.2015. The disciplinary authority, however, has not taken a decision after perusal of the enquiry report. The second show cause notice with the proposed punishment was served upon the petitioner, to which a reply has also been submitted.
As no final decision has yet been taken by the disciplinary authority, the petitioner is not getting his retiral dues.
Only prayer made in the present petition is to issue a direction to the respondent no.1 to conclude the pending departmental enquiry by taking a decision within stipulated period.
To this prayer, learned Standing Counsel raises no objection.
In view thereof, without entering into the merits of the claim made by the petitioner, the writ petition is disposed of with the direction to the respondent no.1 namely Principal Secretary (Food & Civil Supply), U.P. to take a decision and conclude the departmental enquiry, preferably, within a period of one month from the date of submission of certified copy of this order.
It goes without saying that the Court has not expressed any opinion on the merit of the claim by the petitioner.
Order Date :- 31.5.2018 Himanshu