Heard Sri Piyush Asthana, learned counsel for the petitioner and Sri Vinod Kumar Singh, learned counsel for the opposite parties.
By means of this petition, the petitioner has assailed suspension order dated 19.1.2021 passed by the Managing Director, Uttar Pradesh Sahkari Gram Vikas Bank Limited, Lucknow. The disciplinary authority has appointed Regional Manager, Agra as enquiry officer.
This Court under Article 226 of the Constitution of India may not assess the veracity of the charges and allegations inasmuch as this is a domain of enquiry officer to issue charge sheet in accordance with law and conduct and conclude the departmental enquiry strictly in accordance with law.
Therefore, without entering into merits of the issue, I hereby dispose of this writ petition at the admission stage. Since it has been informed at the bar that the enquiry officer has yet not issue charge sheet to the petitioner, therefore, the enquiry officer is directed to issue the charge sheet to the petitioner, if it is so required, enclosing therewith the copies of relied up documents and copies of other relevant documents referred in the charge sheet within a period of fifteen days. The petitioner shall submit his defence reply to the charge sheet within fifteen days thereafter. After submission of defence reply to the charge sheet, the enquiry officer shall conduct and conclude the departmental enquiry strictly in accordance with law, by affording an opportunity of hearing to the petitioner, with expedition, preferably within a period of two months subject to cooperation of the petitioner inasmuch as no departmental enquiry can be concluded properly if the incumbent does not cooperate with the enquiry proceedings. After completion of departmental enquiry, the enquiry officer shall submit its finding to the disciplinary authority, who shall take final decision finalizing the departmental proceedings by seeking explanation from the petitioner providing him copy of enquiry report. For such exercise, at least fifteen days' time shall be provided to the petitioner and he shall also be provided an opportunity of personal hearing.
If the departmental enquiry is not concluded within aforesaid stipulated time subject to cooperation of the petitioner, to be more precise on or before 15th May, 2021, the suspension order shall stand revoked. However, in that case, the enquiry officer may conclude the enquiry and disciplinary authority may pass final order, strictly in accordance with law.
In the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 11.2.2021 RBS/-
[Rajesh Singh Chauhan,J.]