Vivek Sachan Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Vivek Sachan Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Time-bound directions: charge sheet to be issued within two weeks; petitioner's reply within the next two weeks; disciplinary proceedings to be concluded within a further two months; period of petitioner's non-cooperation excluded; automatic revocation of the suspension order dated 29.01.2024 if a final order is not passed within the period, without prejudice to continuation of the inquiry

Issue for consideration

Whether the respondents should be directed to conclude the pending inquiry/disciplinary proceedings against the petitioner within a specified time frame

Court's answer

The writ petition is disposed of with a direction to the respondents to issue a charge sheet to the petitioner within two weeks.

Ratio / Principle

On receipt of the charge sheet, the petitioner shall submit his reply within the next two weeks.

Key takeaways

After submission of the reply, the respondents shall conclude the disciplinary proceedings against the petitioner within a further period of two months.ratio¶8
If the petitioner does not cooperate in the inquiry, the Inquiry Officer may inform him in writing of the non-cooperation, and the period of non-cooperation shall be excluded from the stipulated periods.ratio¶9
If the disciplinary proceedings are not concluded and a final order is not passed within the aforesaid period, the impugned suspension order dated 29.01.2024 shall stand revoked automatically, without prejudice to the respondents continuing with the inquiry.

Detailed headnote1 paragraphs

Service — disciplinary inquiry — time-bound completion. Writ petition (WRIT - A No. 3279 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Abdul Moin, J., order dated 27.4.2024) disposed of on consent: respondents directed to issue charge sheet within two weeks; petitioner to submit reply within the next two weeks; respondents to conclude disciplinary proceedings within a further period of two months. Period of petitioner's non-cooperation, if any, to be excluded from the stipulated periods. Failing conclusion of the proceedings and passing of a final order within the period, the impugned suspension order dated 29.01.2024 stands revoked automatically, without prejudice to continuation of the inquiry.

Neutral Citation No. - 2024:AHC-LKO:33063

Court No. - 6

Case :- WRIT - A No. - 3279 of 2024 Petitioner :- Vivek Sachan Respondent :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Petitioner :- Shiv Nath Goswami Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents.

With the consent of learned counsels for the parties, the writ petition is being decided finally.

Learned counsel for the petitioner after arguing at some length confines his prayer to the respondents to finalize the inquiry proceedings against the petitioner within a specified time to which learned Standing Counsel appearing for the respondents has no objection.

Accordingly, the writ petition is disposed of with a direction to the respondents to issue a charge sheet to the petitioner within two weeks from today. On receipt of the charge sheet, the petitioner shall submit his reply within next two weeks. After submission of the reply, the respondents shall conclude the disciplinary proceedings against the petitioner within a further period of two months.

Needless to mention that the petitioner shall cooperate with the inquiry proceedings and in case the petitioner does not cooperate in the inquiry proceedings, the Inquiry Officer would be at liberty to inform the petitioner in writing about his noncooperation and the period of non-cooperation would be excluded from the aforesaid period.

It is also provided that in case the disciplinary proceedings are not concluded and a final order is not passed within aforesaid period then the impugned suspension order dated 29.01.2024 shall stand revoked automatically without prejudice to the respondents of continuing with the inquiry proceedings.

Order Date :- 27.4.2024 J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench