Court No. - 36
Case :- WRIT - A No. - 11822 of 2021 Petitioner :- Shailendra Kumar Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner is permitted to implead District Inspector of Schools, Mau/Inquiry Officer/ as respondent no. 4 during the course of day.
On the last occasion i.e. 13.9.2021, Court has passed the following order:-
"The submission is that despite peremptory directions issued by the Court on an earlier writ petition, inquiry proceedings have not been concluded and the order of suspension continues to subsist.
Learned Standing Counsel shall obtain instructions. Include in the list of fresh cases of 23 September 2021."
Pursuant to the order of this Court dated 13.9.2021, learned standing counsel has produced the instruction dated 20.9.2021 and submitted that petitioner is not cooperative with the inquiry and also not submitted relevant papers for providing subsistence allowance, therefore, neither inquiry could be completed nor subsistence allowance has been paid to him, which is seriously disputed by the learned counsel for the petitioner.
However, respondent no. 2 is directed to provide the photo copy of papers to petitioner as required by vide letter dated 23.7.2021 within one week. Thereafter, petitioner shall submit his reply of charge sheet before the Inquiry Officer within 10 days from today.
After receiving the reply of petitioner, Inquiry Officer- respondent no.4 is directed to complete the inquiry maximum within a period of three weeks thereafter. After completion of inquiry, report shall be sent to Disciplinary Authority- respondent no.2 to take decision and after receiving the same he shall pass order upon the same within two weeks thereafter.
So far as subsistence allowance is concerned, petitioner is directed to submit requisite papers as per letters dated 23.12.2020 & 14.9.2021 within one week from today and after receiving the same, respondent no.3 is directed to pay the same after verifying his papers.
With the aforesaid observations, the writ petition is disposed of. Order Date :- 23.9.2021 Junaid