The High Court disposed of a petition challenging suspension, directing the authority to finalize disciplinary proceedings within two months. If not finalized, the petitioner shall be deemed to be in service.
Direction to authority to finalize disciplinary proceeding within two months; petitioner deems to be in service if not finalized.
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Court No. - 83
Case :- WRIT - A No. - 3512 of 2020
Petitioner :- Om Prakash Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhijeet Mukherji,Sushmita Mukherjee Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Abhijeet Mukherji, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel.
The petitioner is before this Court assailing the order dated 7.2.2020 passed by second respondent by which the petitioner was placed under suspension.
After arguing the matter for some time and once the Court has declined to interfere in the matter, learned counsel for the petitioner has confined his prayer for a direction to the authority concerned to finalise the disciplinary proceeding in question within stipulated period, other wise the petitioner would suffer irreparable loss and injury.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the authority concerned to finalise the proceeding in question within two months from the date of production of copy of this order subject to fullest cooperation by the petitioner. If the proceeding in question is not finalised within the stipulated period, the petitioner would be deemed to be in service after expiry of the said period.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.7.2020 SP/
2 issues framed by the court
Whether the High Court should direct the authority to finalize pending disciplinary proceedings against a suspended petitioner within a stipulated time.
What consequence follows if the disciplinary proceeding is not finalized within the stipulated period.
Om Prakash Dubey
State Of U.P.
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
