Court No. - 36
Case :- WRIT - A No. - 11248 of 2019 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Syed Wajid Ali Counsel for Respondent :- C.S.C.,Amrish Sahai
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and Sri Amrish Sahai, learned counsel has put in appearance on behalf of respondent nos. 2 to 5.
The petitioner seeks for quashing of the orders dated 27.9.2018 and 20.5.2019, whereby the respondent no. 4 has denied release of payment of pension and compassionate allowances on the ground that the disciplinary enquiry is pending against the petitioner. Further prayer is to quash the disciplinary enquiry initiated by the charge sheet dated 27.9.2018 on the ground that the said charge sheet was issued only three days prior to the retirement of the petitioner.
Admitted facts of the matter are that the petitioner did not submit any reply to the charge sheet since September, 2018 on the premise that he was not provided the documentary evidences which may go against him.
Relevant is to note that the petitioner has been given opportunity to inspect the documents and report, etc. which are sought to be relied against him in evidence.
It was, therefore, incumbent on the petitioner to submit his reply to the charge sheet after inspection of the documents as the petitioner would get an opportunity to rebut all evidence during the course of the enquiry. Since the petitioner is not participating in the enquiry, this Court does not find any justification to interfere at this stage.
A liberty is granted to the petitioner to submit his reply to the charge sheet and participate in the departmental enquiry.
After submission of reply, it would be open for the petitioner to press his demand for release of retiral dues, which may be admissible to him in accordance with the regulations of the Bank, during pendency of enquiry.
In case, the petitioner submits his reply to the charge sheet, participating in the enquiry and than makes a demand for release of retiral dues, the respondent no. 3 namely the General Manager, Gramin Bank of Aryavart, Lucknow would be under obligation to take an expeditious action in accordance with law.
Subject to the above observations and directions, the writ petition is disposed of.
Order Date :- 26.7.2019 Chandan