The single judge dismissed the writ petition challenging an attachment order. The court found the petitioner failed to cooperate with the disciplinary enquiry, resulting in the matter being remanded for fresh inquiry, rendering the plea devoid of merits.
The writ petition in Writ-A No. 321 of 2021 was dismissed.
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Court No. - 36
Case :- WRIT - A No. - 321 of 2021
Petitioner :- Arun Kumar Singh Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Mrs. Sunita Agarwal,J.
The written instruction of learned counsel for the respondent Nos.2, 5 & 6 indicates that the competent authority i.e. Regional Assistant Director of Education did not accept the enquiry report as certain material issues have been left therein and directed for a fresh enquiry by an office order dated 27.11.2020. A two members enquiry committee has been constituted. The petitioner was posted as District Co-ordinator Mid-day Meal Scheme Etawah for more than ten years and on account of his non-co-operation, the enquiry could not be properly held. As a result of it, the order of attachment dated 20.11.2020 has been passed sending the petitioner to the Head Office, Mid-day Meal.
Looking to the stand of the respondent in the written instruction supplied in the Court, the contention of the petitioner that enquiry has been concluded with the submission of enquiry report dated 21.10.2020 and no decision has been taken by the competent disciplinary authority is found incorrect.
The attachment order is till the completion of enquiry, the petitioner is under obligation to co-operate in the enquiry.
The writ petition is found devoid of merits and hence dismissed .
Order Date :- 2.2.2021 Himanshu
Digitally signed by Justice Sunita Agarwal Date: 2021.02.02 15:46:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner's challenge to the attachment order and non-conclusion of the enquiry dossier has merit.
2 provisions across 2 enactments
Arun Kumar Singh
State Of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
