Disposed

Anil Kumar Sharma v. State of U.P. Thru. Prin. Secy. Forest Deptt. Lko. and 3 Others

Allahabad HC19 Nov 2024/10743/2024

Case brief

AI extract

What is this about?

Writ petition filed by a Forest Guard directed the Divisional Forest Officer to conclude pending disciplinary proceedings within four weeks by reasoned orders after the grounds of defence were submitted by the petitioner. Liberty granted to approach regarding promotion subsequently.

What did the court decide?

Direction to Divisional Forest Officer to pass reasoned orders concluding disciplinary proceedings within four weeks.

Anil Kumar Sharma Vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76607

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Court No. - 6

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Case :- WRIT - A No. - 10743 of 2024

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Petitioner :- Anil Kumar Sharma

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Respondent :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Lko. And 3 Others Counsel for Petitioner :- I.M. Pandey Ist Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard Shri I.M. Pandey Ist, learned counsel for petitioner and learned Standing Counsel on behalf of the respondents.

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The grievance of the petitioner is pertaining to the pendency of the disciplinary proceedings and the same not been concluded despite the reply have been filed by the petitioner to the show cause notice on 04.07.2024.

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It has been submitted by the learned counsel for the petitioner that the petitioner is working on the post of Forest Guard under the Forest Range Officer Maigalganj, Forest Division South Kheri District Kheri when certain departmental proceedings were initiated against the petitioner by issuance of a chargesheet on 04.04.2024. The inquiry was concluded and the inquiry report was submitted on 25.06.2024 to disciplinary authority but in turn issued a show cause notice to the petitioner on 29.06.2024. The petitioner has already responded to the show cause notice on 04.07.2024 but despite submission of his reply, the disciplinary authority has not passed final orders despite expiry of more than four months and accordingly, by means of the present writ petition, a writ of mandamus has been sought for a direction to the opposite parties to concluded the disciplinary proceedings with expedition.

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Learned counsel for petitioner further submits that he has

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already submitted that whatever he had to say in his reply to the show cause notice and no further opportunity of hearing is required by him at this stage and submits that the opposite parties should be directed to pass final orders with expedition.

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Learned Standing Counsel, on the other hand, has submitted that the disciplinary authority of the petitioner is Divisional Forest Officer, Forest Division South Kheri, Lakhimpur Kheri, who will pass necessary order with expedition.

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Accordingly, the present writ petition is disposed of with direction to opposite party no.4 i.e. Divisional Forest Officer, Forest Division South Kheri, Lakhimpur Kheri to pass appropriate orders to conclude the disciplinary proceedings with expedition, say, within a period of four weeks from the date of production of certified copy of this order before him by reasoned and speaking order in accordance with law. With regard to the promotion of the petitioner, liberty is given to him to approach the appropriate authority after an appropriate decision is passed by his disciplinary authority as directed herein above.

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[Alok Mathur,J.]

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Order Date :- 19.11.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Sharma v. State of U.P. Thru. Prin. Secy. Forest Deptt. Lko. and 3 Others

Case brief

What is this about?

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Anil Kumar Sharma v. State of U.P. Thru. Prin. Secy. Forest Deptt. Lko. and 3 Others

Case brief

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