Court dismissed the writ petition. It held no interference required as the preliminary inquiry is a fact-finding step affecting no rights until a regular inquiry ends.
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Court No. - 58
Case :- WRIT - A No. - 14995 of 2018
Petitioner :- Ajay Arora Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were in the matter passed on 18.7.2018:-
"Learned Standing Counsel may obtain instructions with reference to the averments made in para 10 of the writ petition.
Post as fresh on 25th July, 2018".
Learned Standing Counsel has obtained instructions in the matter, according to which, a preliminary inquiry has been conducted by two gazetted officers, who are drawing salary in two scales above the petitioner.
This Court finds that only a preliminary inquiry report has been submitted, on the basis of which regular disciplinary inquiry has been initiated. The object of holding preliminary inquiry is to collect materials and to take a decision as to whether holding of disciplinary inquiry is warranted or not? Even otherwise none of the rights of the petitioner is affected, if the preliminary inquiry has gone against him, inasmuch as regular inquiry is yet to be conducted.
In such circumstances, order impugned dated 26.6.2018 does not require any interference.
Writ petition fails and is accordingly dismissed.
Order Date :- 25.7.2018 n.u.
1 issue framed by the court
Whether the impugned order requiring a preliminary inquiry before disciplinary action needs interference.
Ajay Arora
State Of U.P.
2 Others
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
