LAWS(ALL)-2022-5-181

POONAM RANI Vs. STATE OF U.P.

Decided On May 26, 2022
POONAM RANI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Chandra Jeet Yadav, learned counsel for the petitioner and Sri Nand Lal Mourya, learned Standing Counsel, who appears for the respondents. FACTS

(2.) Factual matrix of the case as worded in the writ petition are that the petitioner Smt. Poonam Rani claims herself to be the the wife of Sri Yogesh Kumar, who was posted as Junior Engineer in Paschimanchal Vidyut Vitran Nigam Limited, Victoria Park, Meerut. Records reveal that certain allegations were levelled against his performance while discharging official duty which occasioned laying of a trap pursuant whereto, he was found indulged in corruption coupled with misconduct pursuant whereto a Criminal Case No.11 of 2018 was registered on 19/1/2018 purported to be under Ss. 7, 13(1) (d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (In short Act of 1988) Police Station Mainather, District Moradabad and thereafter a first information report was also lodged and proceedings for prosecution was also drawn and he was placed under suspension on 22/1/2018. Sanction was also proceeded to be obtained under Sec. 17 of the Act of 1988 which was accorded on 15/2/2018. Simultaneously, a charge sheet was also issued to the petitioner by the Disciplinary Authority on 6/8/2019 and thereafter one Sri Pramod Gogneya was appointed as the Enquiry Officer and regular departmental enquiry was conducted by the Enquiry Officer, who in turn tendered its enquiry report on 6/1/2021 holding the husband of the petitioner guilty of the two charges which was sought to be levelled upon it. Ultimately, on 7/7/2021 an order was passed whereby the husband of the petitioner was dismissed from services.

(3.) Sri Yadav, learned counsel for the petitioner has made a statement at bar that the order dtd. 7/7/2021 dismissing the husband of the petitioner has been further carried in a departmental appeal before the appellate authority which is stated to be pending.