JATA SHANKER TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) PRADEEP Kant, J. Learned counsel for the petitioner has submitted that in view of fact that the petitioner would reach the age of superannuation after seven or eight months, therefore, the enquiry should be directed to be completed expeditiously. Learned counsel for the petitioner does not press the writ petition on merits, rightly so, as the suspension order has been passed by the competent authority and it also includes the charge of violating the orders regarding deployment on election duty. Learned counsel for the petitioner although initially tried to urge before this Court about the truthfulness of the charge and submitted that in view of fact that the petitioner had fallen ill and for that a medical certificate has also been filed, it was asserted that no charge is out against the petitioner and, therefore, the suspension order should be revoked and the petitioner may be reinstated in service. However, this Court was not inclined to interfere with the suspension order on the merit of charge. In this situation the learned counsel has confined his prayer only to the extent that disciplinary proceedings may he concluded expeditiously. Learned counsel for the petitioner did not press his plea regarding voluntary retirement in the writ petition. However, it will he open for the petitioner to raise said plea as and when he thinks it neces sary.

(2.) IN this view of the matter, the writ petition is disposed of Finally with a direc tion that the concerned authority shall issue charge-sheet to the petitioner with in a period of one month from the date a cer tified copy of this order is produced before him. On receipt of charge-sheet the petitioner shall submit his reply with in a period of two weeks and the INquiry Officer shall conclude enquiry with in a further period of next two months. The INquiry Of ficer shall submit his report to the discipli nary authority/competent authority on or before the expiry of two months and the disciplinary/competent authority shall take necessary action and pass final orders with in a further period of next one month. IN case the petitioner seeks any adjournment, the period of adjournment shall be excluded while computing the aforesaid period. The petitioner shall co-operate with the enquiry and the enquiry shall be completed with in the aforesaid prescribed period. IN case despi te the cooperation of the petitioner the enquiry is not completed with in the specified period, the suspension order shall stand revoked. With these observations, the writ petition is disposed of finally. .