This petition sought quashing of orders constituting new enquiry committees. The court granted liberty to the petitioner to raise the plea before the District Magistrate without expressing an opinion on merits.
Liberty granted to raise objection before District Magistrate; petition disposed of.
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Court No. - 21
Case :- WRIT - C No. - 23757 of 2021
Petitioner :- Jyotishna Katiyar Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Rajan Upadhyay,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed praying for quashing of orders dated 2.09.2021/3.09.2021 passed by District Magistrate, Kanpur Dehat, respondent no.4, whereby new enquiry committees have been constituted after excluding Jitendra Singh Guddan from the earlier enquiry committees. The enquiry committees so constituted have to hold enquiry in respect of charges of irregularities against the petitioner.
The main ground of challenge is that Ravi Shukla, Phool Singh Katheriya and Dhaniram Diwakar, who have been included as nominated members in the committee, are private persons and could not be made part of the enquiry committee.
Sri Ramesh Upadhyay, learned senior counsel appearing for the petitioner submitted that the petitioner be granted liberty to raise the said plea before the District Magistrate so that it is decided by him, to which Sri Rajeev Gupta, Learned Additional Chief Standing Counsel appearing for the State has no objection.
Accordingly, without expressing any opinion on merits, we dispose of the petition with liberty to the petitioner to raise objection in relation to constitution of the enquiry committees before respondent no.4 within two weeks from today and in which event, the objection filed by the petitioner shall be decided by respondent no.4 by means of a speaking order, within next three weeks.
The petition stands disposed of accordingly.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 29.9.2022 SL
Digitally signed by SHYAM LAL Date: 2022.09.29 16:18:34 IST Reason: Location: High Court of Judicature at Allahabad
Jyotishna Katiyar
State Of U P
Jayant Banerji
Manoj Kumar Gupta
As recorded by the court registry
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