ARUN KUMAR SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) THIS special appeal challenges the order dated 29.4.09 passed by the learned Single Judge, by means of which the prayer for paying the salary to the appellants has been rejected. In nutshell the appellants' case is that an enquiry was already conducted in the matter and, therefore, no further enquiry would be needed, particularly when the Finance Officer has shown his willingness to make the payment. The learned Single Judge has come to the conclusion that for ascertaining the truth, if some documents have been examined, it cannot be said that regular enquiry has been conducted. Since now regular enquiry has been instituted, which has never been held earlier, the prayer that enquiry is not needed or should not be allowed to be conducted cannot be allowed to be accepted. The Court has further found that so far the change of the enquiry officer is concerned, the appellants have already made a representation to the Secretary, Basic Education, who will pass necessary orders within 15 days from the date of production of a certified copy of the order. In view of the aforesaid facts, we agree with the view taken by the learned Single Judge that when there is a dispute regarding the right of the appellants to get the salary, for which enquiry has been instituted, the Court will not pass any order, unless the enquiry is completed. So far the plea of change of the enquiry officer is concerned, that has already been directed to be considered by the concerned authority. Therefore, this ground is also not amenable to appeal. For the reasons aforesaid, the special appeal is dismissed.