Petitioner sought quashing of a disciplinary inquiry pending since 2016 and release of post-retiral dues. Respondents stated final decision was taken and inquiry on his educational training certificate continues, blocking pension. Petitioner prayed for dismissal with liberty to approach another forum.
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Neutral Citation No. - 2024:AHC:141721
Court No. - 7
Case :- WRIT - A No. - 6732 of 2024 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C.
Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"A- Issue a writ order in the nature of Certiorari and to quash the entire disciplinary proceeding which is pending before the respondents against the petitioner since in the year of 2016 accordance with law.
B- Issue a writ order in the nature of Mandamus and to direct the commanding Respondent to pass an appropriate order for releasing the post retrial dues in favour of petition accordance with law within a specific time."
2. It appears from perusal of the record that the petitioner earlier approached this Court by filing the petition being Writ A No. 1392 of 2021 (Ashok Kumar vs. State of U.P. and 3 Others) in which the following order was passed on 18.03.2021:-
"In pursuance to the previous order passed by this Court, the Standing Counsel has received instructions in the matter and has handed over a copy of the same to the Court which is taken on record.
On the basis of his instructions, the Standing Counsel states that the post retiral dues of the petitioner are not being paid as an inquiry has been instituted on a complaint made against the petitioner to the effect that the petitioner had obtained appointment on the basis of forged certificates. It has also been stated on the basis of instructions that the inquiry is not being completed because the petitioner is not co-operating in the inquiry.
It would be futile to keep the writ petition pending as the inquiry proceedings referred in the instructions have not been challenged in the present writ petition.
Subject to co-operation by the petitioner, the District Basic Education Officer, District Etah is directed to complete the inquiry referred in the instructions within a period of three months from the date a copy of this order is served before him after giving an opportunity of hearing to the petitioner as well as the complainant.
The payment of the alleged post retiral benefits due to the petitioner shall be dependent on the decision taken in the aforesaid inquiry.
It is clarified that in case, the inquiry proceedings culminate against the petitioner, the petitioner shall be at liberty to challenge the same before appropriate forum.
With the aforesaid direction, the writ petition is disposed of. "
3. It is argued that inspite of the same, no final decision has been taken by the respondents in the matter, hence the present writ petition.
4. On the other hand, it is argued by Shri Bhanu Pratap Singh, learned counsel appearing on behalf of respondent nos. 2, 3 and 4 that after the judgment was delivered by this Court, the final notice was issued to the petitioner on 16.08.2020 but no reply whatsoever has been given by him. He further argued that in order to complete the inquiry, a committee has already been constituted by the District Basic Education Officer, Etah on 04.07.2024. On the basis of the instructions, it is argued that the final decision has been taken by the aforesaid committee within a period of four weeks.
5. Heard counsel for the parties and perused the record.
6. In the facts and circumstances of the case, the respondents are directed to conclude the inquiry proceedings initiated against the petitioner within a period of six weeks from today. In the absence of the same, District Basic Education Officer, Etah shall remain present before this Court on the next date fixed in the matter.
7. List this matter in the additional cause list on 02.09.2024.
8. It is made clear that the petitioner will cooperate with the inquiry and not take any unnecessary adjournment.
Order Date :- 2.9.2024 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Should disciplinary proceedings pending since 2016 be quashed and post-retiral dues released?
1 provisions across 1 enactments
Ashok Kumar
State of U.P.
Respondent 2
Respondent 3
Respondent 4
Prakash Padia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
