CHANDRA DUTT PASBOLA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner was working as Associate District Inspector of Schools at Allahabad when a charge-sheet was issued to him making various allegations which are mentioned in para 2 of the writ petition. A supplementary charge-sheet was also given on 18.7.1978 as mentioned in para 3 of the writ petition. Thereafter an enquiry was conducted in which the petitioner was found to be innocent by the Inquiry Officer. True copy of the enquiry report is annexed as Annexure 1. However, no action was taken on this enquiry report and the petitioner was subsequently informed in 1988 that a fresh enquiry has been ordered to be conducted. The petitioner has filed this writ petition challenging the fresh enquiry, which was instituted by order, dated 9.7.1986 (Annexure 4 to the writ petition).

(2.) A counter-affidavit has been filed in this case and in para 6 thereof, it has been stated that the fresh enquiry was ordered because the petitioner was not given opportunity to cross-examine the witnesses. In my opinion this was no ground for ordering fresh enquiry when the petitioner himself has not complained of any violation of natural justice. In these circumstances, the ordering of fresh enquiry was wholly arbitrary and hence the order, dated 9.7.1986 (Annexure 4) is hereby quashed.

(3.) In these circumstances I would have normally directed that the enquiry report submitted after the first enquiry shall be considered by the disciplinary authority. However, since a long time has expired in my opinion it is not in the interest of justice to pass such an order and hence I direct that since the petitioner has been found innocent in the enquiry the entire proceedings against the petitioner in pursuance of the two proceedings charge-sheets, dated 17.2.1978 and 16.7.1978 are quashed. Since the petitioner has already retired on 31.8.1979, his pension, gratuity and other benefits will be computed on the basis that no action has been taken against him. He shall be given all the benefits within six weeks of production certified copy of this order. The petitioner will be given 9% interest on the arrears.