Disposed

Sadat Ali Pno. No. 062121167 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Allahabad HC25 Jun 2024WRIA/4767/2024

Case brief

AI extract

What is this about?

Petitioner challenged a charge sheet filed against him. The court disposed of the writ petition at the admission stage, permitting the petitioner to file a defence reply and participate in departmental proceedings which must be concluded with expedition.

What did the court decide?

Petitioner granted liberty to file defence reply and participate in departmental proceedings; enquiry must conclude with expedition.

Sadat Ali Pno. No. 062121167 vs State of U.P. Thru… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46193

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Court No. - 4 Case :- WRIT - A No. - 4767 of 2024 Petitioner :- Sadat Ali Pno. No. 062121167 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And 3 Others Counsel for Petitioner :- M.P. Raju,Pallavi Dubey,Rajendra Prasad Shukla,Saloni Jaiswal Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Rajendra Prasad Shukla, who has filed Vakalatnama on behalf of the petitioner after taking 'no objection' from the earlier counsel for the petitioner and learned Standing Counsel for the State-respondents. Said Vakalatnama is taken on record.

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Sri Shukla has filed supplementary affidavit, the same is also taken on record.

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By means of this petition, the petitioner has assailed the impugned charge sheet on the ground that on the similar set of facts and charges, the charge sheet in criminal matter has been filed. However, after arguing at some length, learned counsel for the petitioner has submitted that the petitioner may be given liberty to file his defence reply against the charge sheet and to participate in the departmental proceedings. He has further submitted that direction may be issued to conclude the departmental proceedings with expedition.

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Without entering into merits of the issue, I hereby dispose of this writ petition finally at the admission stage. It is needless to say that the petitioner may submit his defence reply to the charge sheet strictly as per law and it is also needless to say that if the petitioner submits his defence reply to the charge sheet, the departmental enquiry may be conducted and concluded, strictly in accordance with law, by affording opportunity of hearing to the petitioner including opportunity of oral hearing. The departmental enquiry may be concluded in terms of the circulars and Government Orders, which have been issued by the State Government time to time inasmuch as the departmental enquiry may not be kept pending for unlimited period.

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Order Date :- 8.7.2024 /RBS/-

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[Rajesh Singh Chauhan,J.]

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

Sadat Ali Pno. No. 062121167 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sadat Ali Pno. No. 062121167 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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