Heard Sri Rajesh Tiwari, learned counsel for the petitioner and Sri Shree Prakash Singh learned counsel for the opposite parties.
By means of this writ petition, the petitioner has assailed the impugned suspension order dated 7.01.2021, passed by the opposite party No.2.
The submission of learned counsel for the petitioner is that the petitioner has been placed under suspension by means of order dated 7.01.2021, but till date, the petitioner has not been provided a copy of the charge-sheet.
Since the petitioner has been placed under suspension pending departmental enquiry appointing one Prabhari (Lekha), Hardoi as Enquiry Officer, therefore, the departmental enquiry should be conducted and concluded to its logical end.
Accordingly, the Enquiry Officer/ Competent Authority is directed to provide the copy of the charge-sheet to the petitioner within a period of ten days from today enclosing therewith the copies of all the relied upon documents and the petitioner shall file his defence reply to the charge-sheet within a period of fifteen days thereafter. The Enquiry Officer shall conduct the departmental enquiry, strictly in accordance with law by affording him an opportunity of hearing and also affording an opportunity of cross-examination, if any, during the course of oral enquiry and shall conclude the departmental enquiry within a period of three months thereafter. After conclusion of the departmental enquiry within the aforesaid stipulated time, the Enquiry Officer shall submit its report before the Disciplinary Authority forthwith and the Disciplinary Authority shall issue the show cause notice to the petitioner enclosing therewith the copy of enquiry report seeking explanation from him atleast providing him ten days' time to do so. The petitioner thereafter shall file his explanation to the show cause notice, if any, and appropriate decision shall be taken by the Disciplinary Authority with expedition in this case.
It is made clear that the petitioner shall co-operate with the departmental proceedings and shall not take unnecessary adjournment inasmuch as the departmental enquiry cannot be concluded without the co-operation of the incumbent.
In view of the above, it is made clear that if no final order is passed by the Disciplinary Authority on or before 25.06.2021 in this case, the suspension order dated 7.01.2021 shall be revoked. However, the Disciplinary Authority may pass final order thereafter.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 11.2.2021 GK Sinha