Court No. - 5
Case :- WRIT - A No. - 9841 of 2021 Petitioner :- Shiv Murat Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Anil Babu Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has retired from the post of Junior Engineer on 31.01.2020. A disciplinary proceeding was drawn against the petitioner in which inquiry was conducted and no charge was found proved against the petitioner as per the inquiry report. Consequently, the disciplinary proceeding against the petitioner was dropped.
It appears that simultaneously, a criminal proceeding was also launched against the petitioner in which discharge application filed by the petitioner was rejected and non-bailable warrant was issued against the petitioner. Thereafter, petitioner challenged these two orders in Application under Section 482 No.1208 of 2019 in which interim order was granted.
The grievance of the petitioner is that two have years have passed from the date of his retirement, but till date his retiral dues has not been released. In this respect, a representation has been filed by the petitioner to respondent-authority, copy of which is annexed as Annexure 5 to the writ petition.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.2- Engineer-in-Chief, (Development) H.O.D. Public Works Department, U.P. Lucknow alongwith the copy of this order downloaded from the official website of High Court, Allahabad duly certified by the learned counsel for the petitioner, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed off subject to the observations made above.
Order Date :- 21.9.2021 Sattyarth