Disposed

Girijesh Kumar Dubey v. Principal Secy. Deptt. Food Safety and Drug Administration Lko. and 2 Others

Allahabad HC19 Sept 2024/8014/2024

Case brief

AI extract

What is this about?

Petitioner challenged suspension order and sought expedited inquiry. Court directed enquiry officer to provide charge-sheet copy within ten days and complete inquiry within six weeks, ordering final disposal within three weeks of report submission.

What did the court decide?

Directed enquiry officer to provide charge-sheet copy within 10 days, conduct enquiry within 6 weeks, and submit report; disciplinary authority to pass final order within 3 weeks.

Girijesh Kumar Dubey Vs Principal Secy. Deptt. Food… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64754

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Court No. - 4

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Case :- WRIT - A No. - 8014 of 2024

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Petitioner :- Girijesh Kumar Dubey Respondent :- Principal Secy. Deptt. Food Safety And Drug Administration Lko. And 2 Others Counsel for Petitioner :- Manoj Kumar Yadav,Rita Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Manoj Kumar Yadav, learned counsel for the petitioner and Sri Jyotendra Verma, learned Standing Counsel.

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By means of this petition, the petitioner has prayed the following relief:-

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"(i) Issue a Writ, or der or direction in the nature of Certiorari thereby quashing the letter No. 1/733013/2024-88-2001 (003)/4/2024 dated 5 September 2024 issued by opp. Party No.1 i.e. Principal Secretary, Department Food, Safety and Drug Administration by which he suspended to the petitioner contained as Annexure No. 1 to this writ petition in the interest of justice.

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(ii) Issue a Writ, order or direction in the nature of Mandamus thereby commanding to the opp. Party No. 3 i.e inquiry officers/ Assistant Commissioner (Food) Prayagraj Mandal Prayagraj conclude the inquiry fair and proper within a stipulated period fixed by this Hon'ble court."

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By means of this petition, the petitioner has challenged the suspension order dated 05.09.2024 and also prayed that a direction may be issued to the enquiry officer to conduct and conclude the departmental enquiry with expedition, strictly in accordance with law.

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The counsel for the petitioner has stated that no charge-sheet has been provided to the petitioner till date.

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The learned Standing Counsel has no instruction as to whether the charge-sheet has been provided to the petitioner or not.

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Be that as it may, when the suspension order dated 05.09.2024 has been issued and the enquiry officer has been appointed, therefore, the enquiry officer is directed to provide the copy of the charge-sheet to the petitioner within a period of ten days from today, if the same has not been served to the petitioner. Since, the petitioner receives the copy of the charge-

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sheet along with the relied upon documents, the petitioner may submit his defence reply to the charge-sheet within a period of fifteen days. If the petitioner is seeking copy of any document, the same may be asked from the enquiry officer before filing defence reply. Immediately after receiving the defence reply to the charge-sheet, the enquiry officer shall conduct and conclude the departmental enquiry strictly in accordance with law by affording an opportunity of hearing to the petitioner and by fixing date, time and place for oral enquiry, with expedition, preferable within a period of six weeks. After conclusion of the departmental enquiry, the enquiry officer shall submit the enquiry report before the disciplinary authority who may pass final order seeking explanation from the petitioner, providing him the copy of the enquiry report. The disciplinary authority shall pass final order within a period of three weeks from the receipt of the enquiry report.

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It is needless to say that the petitioner shall cooperate in the departmental proceedings and in any case, the departmental enquiry shall be concluded within the aforesaid stipulated time, failing which, the suspension order shall be revoked, however, in that case too, the departmental proceeding may go on and final order may be passed, strictly in accordance with law.

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Accordingly, the writ petition is hereby disposed off .

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Order Date :- 19.9.2024 Anurag

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Girijesh Kumar Dubey v. Principal Secy. Deptt. Food Safety and Drug Administration Lko. and 2 Others

Case brief

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Girijesh Kumar Dubey v. Principal Secy. Deptt. Food Safety and Drug Administration Lko. and 2 Others

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