Court No. - 33
Case :- WRIT - A No. - 4844 of 2021 Petitioner :- Tilak Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Dharmendra Shukla,Sr. Advocate Mr. Anil Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 22.01.2021, contained as Annexure-1 to the writ petition, whereby an opportunity has been given to the petitioner to submit reply to the enquiry report. This communication is assailed on the ground that no proper inquiry has been conducted and without summoning the witnesses and affording opportunity of cross- examining them, the inquiry officer has concluded the inquiry. It is further stated that the matter has now been referred to the Commission for grant of approval before passing the order of punishment.
Whether or not a fair procedure has been followed for conduct of enquiry, or whether such inquiry is in accordance with the applicable rules and in accordance with the principles of natural justice are issues which are expected to be examined by the Commission before grant of approval. It is always open to the petitioner to place such material on record before the Commission. It is expected that the material so placed before the Commission would be taken note of before passing an appropriate order.
No interference in this petition is, therefore, required at this stage. Dismissed, accordingly.
Order Date :- 29.7.2021 Pkb/