Court No. - 36
Case :- WRIT - A No. - 11576 of 2021
Petitioner :- Rajiv Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Saurabh Singh,Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard Sri Amit Saxena, Senior Advocate assisted by Sri Kursheed Khan, learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
Pursuant to the order of this Court dated 9.9.2021, learned standing counsel has produced the instruction dated 20.9.2021 duly signed by Superintendent of Police, Fatehgarh-respondent no.3, which is taken on record. According to that, enquiry has been completed and copy of the enquiry report has also been served alongwith show cause notice dated 18.9.2021 to the petitioner for submitting reply within 15 days, which is also received by the petitioner on 19.9.2021, but till date he has not submitted his explanation pursuant to the show cause notice dated 18.9.2021.
Learned counsel for the petitioner submitted that in light of judgement of Apex Court as well as this Court in the cases of Capt. M. Paul Anthony vs. Bharat Coal Mines Ltd. reported in AIR 1999 SC 1416 and State Bank of India and other vs. R.B. Sharma reported in (2004) 7 SCC 27, departmental proceedings cannot be conducted in case charge sheet is based upon the criminal case, therefore, order is bad and liable to be quashed.
Learned Standing Counsel submitted that he may raise all objections before the Disciplinary Authority in reply of show cause notice dated 18.9.2021 which shall be considered and decided by the Disciplinary Authority while passing the final order.
Accordingly, the writ petition is disposed of with liberty to petitioner to submit his reply of show cause notice dated 18.9.2021 alongwith all objections with regard to maintainability as well as facts within 15 days from today before the respondent no.2. In case any such reply is received by the respondent no.2, he shall consider and decide the same maximum within three weeks thereafter in accordance with law. In case respondent no.2 is not Disciplinary Authority, he shall transmit the same to Disciplinary authority who shall decide the same within the same time.
From the date of receiving reply of show cause notice dated 18.9.2021 or a period of 15 days from today, whichever is earlier, no order shall be passed against the petitioner.
Order Date :- 23.9.2021 Junaid