Brijendra Kumar Yadav Vs State of U.P. Thru. Addl. Chief Secy. Basic Education, Lko. and 6 Others — Allahabad HC (2024) — LawSathi Research

Brijendra Kumar Yadav Vs State of U.P. Thru. Addl. Chief Secy. Basic Education, Lko. and 6 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions to the opposite parties to conclude the inquiry proceedings within two months of service of a certified copy of the order, and liberty to the petitioner to file a fresh petition challenging the suspension order if the inquiry is not concluded within that period.

Issue for consideration

Challenge to the suspension order dated 01.04.2024 suspending the petitioner from service pending departmental proceedings on the allegation that the handicapped certificate submitted at the inception of service is a forged document. +1 more

Court's answer

In case the inquiry proceedings are not concluded within the stipulated time frame, liberty is granted to the petitioner to file a fresh petition challenging the suspension order.

Ratio / Principle

The opposite parties are directed to conclude the inquiry proceedings within a period of two months from the date a certified copy of the order is served upon the opposite parties, particularly opposite party no. 6; consequences shall follow.

Key takeaways

Notice to opposite party no. 7 stands dispensed with.ratio¶5

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 7427 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Manish Mathur, J.) filed by Brijendra Kumar Yadav challenging his suspension from service by order dated 01.04.2024, pending departmental proceedings on the allegation that the handicapped certificate submitted by him at the inception of service is a forged document. Counsel noted that a charge-sheet had already been served and replied to, and that a second Medical Board was required to consider the petitioner's handicap. The Court did not adjudicate the validity of the suspension; it directed the opposite parties to conclude the inquiry proceedings within two months of service of a certified copy of the order (particularly upon opposite party no. 6), with liberty to the petitioner to file a fresh petition challenging the suspension order if the inquiry was not concluded within that time frame. Notice to opposite party no. 7 was dispensed with. Petition disposed of; order dated 5.9.2024.

Neutral Citation No. - 2024:AHC-LKO:61121

Court No. - 18

Case :- WRIT - A No. - 7427 of 2024 Petitioner :- Brijendra Kumar Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education, Lko. And 6 Others Counsel for Petitioner :- Nagendra Bahadur Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for opposite parties no. 1, 2, 3 & 6 and Mr. Ran Vijay Singh, learned counsel for opposite parties no. 4 & 5. In view of order being passed, notice to opposite party no. 7 stands dispensed with.

Learned counsel for petitioner is granted liberty to correct the District of opposite party no. 2 during the course of day.

Petition has been filed challenging order dated 01.04.2024 whereby petitioner has been suspended from service pending departmental proceedings on the allegation that the handicapped certificate submitted by petitioner at the inception of service is a forged document.

Learned counsel for petitioner submits that in pursuance of suspension order, a charge-sheet has already been served upon petitioner to which he has also submitted his reply. It is submitted that in pursuance of aforesaid action, a second Medical Board is required to consider petitioner's handicap.

It is submitted that the opposite parties may be directed to expedite the second Medical Board in respect of petitioner and to conclude the inquiry proceedings in pursuance thereof at the earliest.

In view of aforesaid submission, the opposite parties are directed to conclude the inquiry proceedings within a period of two months from the date a certified copy of this order is served upon the opposite parties particularly opposite party no. 6. Consequences shall follow. In case the inquiry proceedings are not concluded within the aforesaid time frame, liberty is granted to petitioner to file a fresh petition challenging the suspension order.

With aforesaid directions, petition stands disposed of.

Order Date :- 5.9.2024 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench