Court No. - 16
Case :- WRIT - A No. - 8799 of 2018 Petitioner :- Pramod Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashok Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 23.1.2018, whereby an Inquiry Committee has been constituted on the ground that petitioner has not submitted any reply to the charges framed against him. The order is challenged on the ground that the same is impermissible in view of the order passed by the Tribunal.
Perusal of the record would go to show that in respect of the order of punishment passed earlier, petitioner had approached the Tribunal, and the Tribunal vide its order dated 19.1.2016 had quashed the punishment order. Upon a review filed thereafter by the department, the Tribunal permitted the respondents to conduct a fresh enquiry after affording opportunity to him and supplying the copy of documents. It appears that such disciplinary proceedings were then initiated in terms of the liberty granted by the Tribunal but the petitioner has not submitted any reply on merits. The objection raised is to the effect that the proceedings have not been initiated within the time fixed by the Tribunal.
In the facts and circumstances, this Court is of the opinion that no interference with the order dated 23.1.2018 is warranted, inasmuch as the employers are well within their rights to conduct a fresh enquiry against the petitioner. Petitioner undertakes to submit his reply on merits, within two weeks from today. In case such a reply is filed, the disciplinary proceedings shall be concluded, within a further period of two months, thereafter.
Subject to the observations aforesaid, this writ petition is consigned to records.
Order Date :- 28.3.2018 Anil