Court No. - 6
Case :- WRIT - A No. - 13668 of 2020 Petitioner :- Sudhir Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Srivastava,Kuldeep Johri Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State.
Sri Sunil Kumar Srivastava, learned counsel for the petitioner contends that the suspension order dated 21.10.2020 has been revoked by the order dated 11.11.2020 however enquiry has not been concluded till date.
Sri Sunil Kumar Srivastava, learned counsel for the petitioner does not press the relief sought in the writ petition. He recasts his prayer.The only prayer made by Sri Sunil Kumar Srivastava, learned counsel for the petitioner is that the disciplinary enquiry instituted against the petitioner may be decided within a stipulated period of time.
Learned Standing Counsel contends that the authorities are under obligation of law to conclude the disciplinary proceedings within a expeditious time frame. He however submits that the petitioner should cooperate in the enquiry and not resort to dilatory tactics.
Sri Sunil Kumar Srivastava, learned counsel for the petitioner undertakes that the petitioner shall join the disciplinary proceedings.
In the light of submission of learned counsel for the parties no useful purpose will be served by keeping the petition pending.
The matter is remitted to respondent No. 2 District Magistrate, Pilibhit / concerned authority to execute the following directions:
A writ in the nature of mandamus is issued commanding the respondent No. 2 District Magistrate, Pilibhit / concerned authority to execute the following directions:
(1) The respondent No. 2 District Magistrate, Pilibhit / concerned authority shall conclude the disciplinary proceedings within a period of four months from the receipt of copy of this order downloaded from the official webside of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(2) All concerned officials, as well as the petitioner shall cooperate in the departmental enquiry.
The writ petition is disposed of.
Order Date :- 8.1.2021 Nadeem Ahmad