Heard Sri Shireesh Kumar, learned counsel for the petitioner and Sri Shashank Bhasin, learned State Counsel for the State-respondents.
On the first date of admission, this court has passed the order dated 19.08.2021 as under:-
"Heard Sri Shireesh Kumar, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. C.S.C. for the State respondents.
By means of this petition the petitioner has assailed the inaction on the part of the opposite parties by not taking final action after conclusion of the inquiry proceedings. As per Sri Shireesh Kumar the inquiry proceedings concluded in the month of July, 2020 and since then the disciplinary authority has not taken any final decision. Due to aforesaid inaction on the part of disciplinary authority the petitioner has been suffering irreparably inasmuch as he could not be promoted on the post of Assistant Engineer. However, the date for Departmental Promotion Committee has been fixed for 25.8.2021, therefore, the competent authority i.e. the opposite party no. 2 be directed to take appropriate decision before 25.8.2021 so that the candidature of the petitioner could be considered for promotion in the forthcoming D.P.C.
The matter requires consideration.
List / put up this case on 24.8.2021 as fresh in the Addl. Cause List to enable Sri Shukla, learned Addl. C.S.C.to seek complete instructions in the matter.
If there is no legal impediment it is expected that the opposite party no. 2 shall take final decision to conclude the inquiry by the next date of listing."
In compliance of the aforesaid order, Sri Bhasin has produced the copy of letter dated 21.08.2021 preferred by the Chief Engineer of the Department addressing to the Chief Standing Counsel, High Court, Lucknow Bench, Lucknow, the same is taken on record.
Para-4 of the aforesaid letter dated 21.08.2021 clearly reveals that the Enquiry Officer has completed/ concluded the departmental enquiry and submitted his findings before the Disciplinary Authority on 17.07.2020.
There is no plausible explanation as to why the final decision has not been taken since 17.07.2020 till date. However, it has been indicated that in the enquiry the culpability of some officers have been noted. The aforesaid reason is not sufficient keeping the issue pending for more than one year, to be more precise from 17.07.2020, when the Enquiry Officer has submitted enquiry report before the Disciplinary Authority. Vide paras-8 & 10 of the aforesaid letter, three months time has been prayed for passing final order in the case of the petitioner. Again, this request of the authority concerned is not proper, therefore, it cannot be accepted for the simple reason that after conclusion of the departmental enquiry the final order should have been passed with promptness, strictly in accordance with law.
In the present case, more than 13 months period have passed since 17.07.2020 but no final decision has been taken, therefore, further time of three months, as per paras-8 & 10 of the letter, cannot be granted. However, para-9 of the aforesaid letter clearly provides that in the D.P.C., which may likely be commenced on 25.08.2021, the candidature of the petitioner shall be considered for next promotion.
In view of the above, I hereby dispose of this writ petition finally at the admission stage directing the Disciplinary Authority to pass final order in the case of the petitioner with promptness, preferably, within a period of three weeks from the date of presentation of a certified/computerized copy of this order strictly in accordance with law. The final decision so taken in the case of the petitioner shall be intimated to him forthwith.
It is needless to say that the case of the petitioner for promotion shall be considered by the D.P.C. on 25.08.2021 inasmuch as it has been submitted by the Competent Authority that the candidature of the petitioner shall be considered in the D.P.C. for next promotion.
Order Date :- 24.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]