SWARAJ BHUSHAN TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri M.D. Singh 'Shekhar', Senior Advocate, assisted by Sri S.K. Mishra, appearing on behalf of the petitioner and learned Standing Counsel. Through the instant writ petition under Article 226 of the Constitution of India, the petitioner challenges the enquiry report dated 11.12.2009 submitted by the Enquiry Officer, namely, Sri Ramesh Chandra Dhildiyal, Joint Secretary, Basic Education, Government of U.P., Lucknow (respondent No. 2), contained in Annexure No. 14 to the writ petition.

(2.) SHORN off unnecessary details the facts of the case are that the petitioner, who was working as District Basic Education Officer at Bahraich, was placed under suspension in contemplation of disciplinary proceedings vide order dated 24.7.2003 inter alia on the grounds that he offered appointment to the B.Ed. Degree holders as Assistant Teacher in the department of Basic Education. A charge-sheet was served upon the petitioner on 21.8.2003. Thereafter, the enquiry was conducted against the petitioner and the Enquiry Officer had submitted his report on 19.6.2004. Subsequently, the petitioner had approached this Court by filing writ petition No. 1299 of 2006, challenging his suspension order dated 24.7.2003. A co- ordinate Bench of this Court, while disposing of the writ petition, directed to conclude the enquiry within two months, otherwise suspension order will be revoked.

(3.) NOT being satisfied with the judgment and order dated 24.11.2008 of the Tribunal, the State Government assailed the judgment and order dated 24.11.2008 by filing writ petition No. 434 (S/B) of 2009. A co-ordinate Bench of this Court, vide order dated 18.3.2009, disposed of the writ petition by modifying the judgment and order dated 24.11.2008 passed by the Tribunal to the extent that the consequential benefits awarded by the Tribunal shall depend upon the outcome of the fresh inquiry, if any. Further it was provided that if any enquiry is initiated against the petitioner, it shall be concluded by the State within three months from the date of the order. Against the order dated 18.3.2009 of the High Court, the State has preferred Special Leave to Appeal No. 25485 of 2009. The Apex Court, vide judgment and order dated 1.10.2009, dismissed the special leave petition with the following directions :