Court No. - 6
Case :- WRIT - A No. - 26460 of 2013 Petitioner :- Yogender Singh Respondent :- Dios And 4 Ors.
Counsel for Petitioner :- Subhash Chandra Pandey,Indra Raj Singh Counsel for Respondent :- C.S.C.,Santosh Kumar Yadav
Hon'ble B. Amit Sthalekar,J.
Heard Sri Indra Raj Singh, learned counsel for the petitioner, Sri Krishnaji Khare, learned counsel holding brief of Sri Santosh Kumar Yadav for the respondents no. 3 and 4 and the learned standing counsel for the respondents no. 1 and 2.
The petitioner is seeking quashing of the orders dated 26.03.2012, 08.06.2012 and 25.02.2013 arising out of departmental proceedings.
The contention of the learned counsel for the petitioner is that the enquiry has not been held according to the rules prescribed under Chapter III Regulation 35, 36 and 37 of the Regulations framed under the Uttar Pradesh Intermediate Education Act, 1920. He further submits that after the departmental proceedings were concluded, no enquiry report was supplied to the petitioner and in fact no enquiry as provided under the rules/regulations was ever held.
Sri Krishnaji Khare, learned counsel for the respondents does not dispute this fact and when a direct question was put to him he submitted that the enquiry report has not been filed with the counter affidavit also as there is no enquiry report.
In this view of the matter, the impugned orders dated 26.03.2012, 08.06.2012 and 25.02.2013 are wholly illegal and arbitrary and are accordingly, set aside.
The writ petition is allowed.
However, it will be open for the respondents to proceed against the petitioner in accordance with law from the stage of the charge sheet.
Order Date :- 30.4.2018 Kirti