Disposed

Dr. Gulshan Babu Kataria v. State of U.P. and 3 Others

Allahabad HC12 Feb 2021WRIA/1032/2021

Case brief

AI extract

What is this about?

This single-bench order disposed of a writ petition by directing the respondent government to expeditiously conclude pending disciplinary proceedings against the petitioner within six weeks, focusing the relief on prayer (ii).

What did the court decide?

Direction to the respondent to consider the reply submitted on 23.08.2018 and conclude the pending disciplinary enquiry expeditiously within six weeks.

Dr. Gulshan Babu Kataria Vs State of U.P… — Labour and Industrial Disputes | Allahabad HC (2021)

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Court No. - 36

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Case :- WRIT - A No. - 1032 of 2021 Petitioner :- Dr. Gulshan Babu Kataria Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Saran Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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The present petition has been filed seeking following prayer:-

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"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the promotion of the petitioner and to pay him salary as per his seniority ignoring the disciplinary proceedings within a specific period of time;

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to conclude the departmental proceedings pending against the petitioner pursuant to show cause notice dated 20.03.2018 (pursuant to charge-sheet dated 17.01.2012 (letter no. 5878/Chi-3-11-1625/2011) within a specific period of time."

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On the last occasion, learned Standing Counsel has been granted time to take instruction regarding the disciplinary enquiry pending against the petitioner. Today, learned Standing Counsel informs that he could not get instruction.

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However, as on date learned counsel for the petitioner only pressed prayer no.(ii) in the writ petition and submits that a direction be issued to the respondent to conclude the disciplinary enquiry within the stipulated period.

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To this prayer, learned Standing Counsel has no objection.

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In view thereof, without expressing any opinion as to the merits of the claim made by the petitioner, the writ petition is being disposed of with the direction to the respondent to consider the reply submitted by the dated 23.08.2018 to the show cause notice dated 20.08.2018. An expeditious decision be taken in accordance with law to bring the enquiry to its logical end, as early as possible, preferably, within a period of six weeks from the date of receipt of the copy of this order.

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Order Date :- 12.2.2021 Himanshu

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Digitally signed by Justice Sunita Agarwal Date: 2021.02.12 18:11:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Dr. Gulshan Babu Kataria v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Dr. Gulshan Babu Kataria v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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