Court No. - 36
Case :- WRIT - A No. - 2905 of 2021 Petitioner :- Rabin Karmkar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddarth Jaiswal,Shesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Adarsh Bhushan,Dharmendra Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Adarsh Bhushan, learned counsel for U.P. Power Corporation Ltd..
Present writ petition has been preferred assailing the validity of order dated 25.12.2020 passed by respondent no.3 by which the services of the petitioner has been placed under suspension.
Shri Adarsh Bhushan, learned counsel for the respondent has vehemently opposed the writ petition and raised two fold objections. Firstly, the charge-sheet has been prepared on 07.01.2021 and till date either for one reason or other, the petitioner has avoided to receive the same and consequently, no objection/reply to the same has been filed. Secondly, the petitioner has not reported to the place of posting, therefore, no indulgence is required in the matter and the writ petition is liable to be dismissed with heavy cost.
The Court has the occasion to peruse the record and finds force in the arguments advanced by Shri Adarsh Bhushan, learned counsel for the respondent as admittedly the petitioner has not joined the place of posting even no reply has been filed to the charge-sheet dated 07.01.2021.
Once the Court has indicated its mind in negative, learned counsel for the petitioner submits that petitioner is ready to file reply of the charge-sheet in case the same is served upon him and as such, he prays that direction may be issued to finalize the enquiry in question at the earliest.
Considering the facts and circumstances of the case, with the consent, the writ petition stands disposed of asking the respondent authority to serve the copy of the charge-sheet within a week, which shall be duly received by the petitioner. The petitioner shall file his reply within one week thereafter and finally, the enquiry would be concluded in six weeks' further time. It is made clear that in the said process, the petitioner shall fully co-operate, otherwise the respondent authority is at liberty to proceed in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021/A. Pandey