Court No. - 42
Case :- WRIT - A No. - 9409 of 2019 Petitioner :- Prem Prakash Anjor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devi Prasad Singh,Ganesh Datt Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri G. D. Mishra, learned counsel assisted by Sri Devi Saran Sharma, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Learned counsel for the petitioner contends that a chargesheet was drawn up against the petitioner on 05.12.2008 for acts of misconduct. A disciplinary enquiry, ensued on the foot of the chargesheets. The enquiry report was submitted on 30.10.2009. Thereafter, a show cause notice issued to the petitioner. The petitioner submitted a reply to the show cause notice refuting the charges against him on 21.01.2010. Learned counsel for the petitioner further submits that no action has been taken by the respondent authorities since then. The petitioner has submitted a representation in this regard. His only prayer is that the final decision may be taken in the matter relating to the disciplinary proceedings against the petitioner as well as his claim for other service benefits including promotional benefits.
Learned Standing Counsel per contra contends that the petitioner has approached after 9 years. The facts of the case need to be verified by the competent authority.
No useful purpose would be served by keeping this writ petition.
Matter is remitted to the respondent no. 2, Principal Secretary, Niyukti Anubhag-3, Revenue Department, U.P.
A writ of mandamus is issued commanding the respondent no. 2, Principal Secretary, Niyukti Anubhag-3, Revenue Department, U.P. to take a final decision in regard to the disciplinary proceedings against the petitioner as well as the claims for various service benefits preferably within a period of four months from the date of receipt of a certified copy of this order, in case such decision has not already been taken.
It is clarified that the writ petition is being disposed of without the benefit of the version of the respondents. It is open to the respondents to pass appropriate orders as per the true facts and records of the case.
It is also clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 31.5.2019 Dhananjai