Heard Sri Indra Mani Tripathi, learned counsel for the petitioner and Sri Vikrant Raghuvanshi, learned counsel for the opposite party Nos.1 to 4.
In compliance of order of this Court dated 21.01.2019, Sri Vikrant Raghuvanshi has produced the entire record relating to the suspension of the petitioner.
The perusal of the record reveals that for making fact finding enquiry in respect of the allegations in question, a three members Committee was constituted on 22.09.2018 and the said Committee has submitted an exhaustive report dated 26.10.2018 wherein the specific recommendation for departmental enquiry was made against the erring officers/ officials, strictly in accordance with law as on account of those officers/ officials the Corporation has suffered huge loss.
Learned counsel for the opposite parties has submitted that indication in the impugned order that the authority concerned was prima-facie satisfied for placing the petitioner under suspension was dependent upon the preliminary enquiry report, however, in the impugned suspension order, it has not been indicated clearly but the perusal of original records reveals that the suspension order is an outcome of the recommendation of three members Committee.
Since a specific query was put from Sri Raghuvanshi as to whether any action has been taken against the other officers, who were senior officers to the petitioner and on account of culpability of those officers the loss, if any, caused to the Corporation.
Sri Raghuvanshi has apprised the Court that vide order dated 15.11.2018 the then Executive Engineer, Sri Umesh Chandra Sonkar has been attached in the office of the Superintending Engineer, Bareilly and vide order dated 22.11.2018 Sri Dharmendra Kumar the then S.D.O. has been attached in the office of the Superintending Engineer, Bareilly, both on administrative reason.
On being asked as to why these two officers have not been placed under suspension despite they are superior officers than the petitioner, Sri Raghuvanshi has submitted that these two officers being Executive Officers have been posted on the non-sensitive post as both are attached in the office of the Superintending Engineer, Bareilly but the petitioner being employee of the accounts cadre may not be posted at any non-sensitive post and the work of accounts will be taken from him and since there is serious allegations against him that while discharging the duties of accountants serious irregularities have been made, therefore, he was placed under suspension. The aforesaid logic of the competent authority is not acceptable inasmuch as presently the petitioner is attached at the Headquarter, Lucknow, therefore, he may also be given any non-sensitive charge in the account section till his retirement as the petitioner would be retiring on 30.04.2019.
Sri Raghuvanshi, learned counsel for the opposite parties has submitted that he may be granted a short time to seek specific instructions on this point as to whether the petitioner may be provided any non-sensitive charge in the account section at the Headquarter, Lucknow.
It is also provided that since the Enquiry Officer has already been appointed in the instant case, therefore, it is expected from the Enquiry Officer to conduct and conclude the enquiry with expedition and he should try to conclude the enquiry before retirement of the petitioner and petitioner shall cooperate with the enquiry proceedings.
Accordingly, the charge-sheet be provided to the petitioner within a period of fifteen days from today and thereafter the petitioner shall submit his defence reply to the charge-sheet within period of three weeks from the date of receipt of the copy of the charge-sheet and the enquiry shall be concluded within a month thereafter. The Enquiry Officer thereafter shall submit his report to the Disciplinary Authority forthwith and the Disciplinary Authority shall pass appropriate orders within a period of three weeks from getting the enquiry report, strictly in accordance with law. In any case, the matter shall be concluded finally on or before 21.04.2019 and the petitioner shall be communicated the decision thereof forthwith so that the petitioner may be able to complete the formalities in respect of his retirement.
Since Sri Raghuvanshi has prayed time to seek instructions on the point as to whether the petitioner may be given posting on any non-sensitive post in the account section at Headquarter, Lucknow, therefore, a week's time is provided to him to seek complete instructions on the aforesaid point. However, the enquiry proceedings may not be affected by this order. The Enquiry Officer and the Disciplinary Authority shall abide by the direction of this Court in its letter and spirit.
List this petition on 29.01.2019 in the additional cause list.
Order Date :- 22.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]