Remanded

Ved Prakash Trivedi v. State of U.P. Thru. Prin. Secy. Ministry Urban Development Lko and 3 Others

Allahabad HC17 Sept 2024WRIA/7954/2024

Case brief

AI extract

What is this about?

The court listed the writ petition for fresh hearing alongside a pending recovery petition, stayed impugned orders on punishment and punishment rejection, and directed the respondents to obtain instructions regarding the reinitiation of inquiry given the petitioner's superannuation.

What did the court decide?

Petition listed for fresh hearing; impugned orders stayed; directions to obtain instructions on reinitiation of inquiry due to superannuation.

Ved Prakash Trivedi vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 7954 of 2024

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Petitioner :- Ved Prakash Trivedi Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Urban Development Lko And 3 Others Counsel for Petitioner :- Priyam Kumar Singh,Vikas Kumar Agrawal Counsel for Respondent :- C.S.C.,Prem Prakash Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 2 and Mr. Prem Prakash Singh learned counsel for opposite parties 3 and 4.

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Petition has been filed challenging order dated 3rd June, 2024 as well as order dated 13th August, 2024 rejecting petitioner's representation against punishment order.

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During inquiry proceedings, the opposite parties issued order dated 17th June, 2023 directing recovery of amount allegedly embezzled by petitioner. The said order was challenged in writ A No. 5070 of 2023 in which vide interim order dated 17th January, 2024, it was directed that no recovery would be made against petitioner in pursuance of impugned notices. The said petition is still pending consideration.

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It has been submitted that earlier petitioner had been issued a charge sheet dated 18th April, 2023 containing four charges levelled against him. He was also placed under suspension vide order dated 23rd September 2022 which was challenged in writ A No. 8633 of 2023 which was disposed of vide order dated 6th November, 2023 indicating a time frame for completion of inquiry proceedings.

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It is submitted that despite specific time frame having been indicated by this Court vide order dated 6th November, 2023, the inquiry proceedings have been concluded subsequently without any application seeking extension of time for concluding inquiry proceedings. Learned counsel has also drawn attention to the inquiry report dated 12th April, 2024 to submit that the same is contrary to service jurisprudence since it only reiterates the charges levelled against petitioner without adverting petitioner's reply dated Ist July, 2023 submitted against charge sheet. It is further submitted that no date, time or place was fixed for inquiry proceedings nor any witnesses or documents were ever examined to prove charges levelled against him.

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It is further submitted that even the impugned punishment

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order has been passed in a very cursory manner only on the ground that since petitioner has not objected to the inquiry report, the charges levelled against him stood proved. The order rejecting petitioner's application has also been passed in the same manner.

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Prima facie submissions advanced by learned counsel for petitioner have force and require consideration.

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List this case on 25th September, 2024 as fresh along with Writ A No. 5070 of 2023.

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Until further orders of this Court, the operation of orders dated 3rd June, 2024 and 13th August, 2024 shall remain stayed.

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Learned counsel for answering opposite parties shall obtain instructions as to whether inquiry against petitioner can be reinitiated in view of the fact that he has already superannuated on 31st January, 2024.

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Order Date :- 17.9.2024 prabhat

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

Ved Prakash Trivedi v. State of U.P. Thru. Prin. Secy. Ministry Urban Development Lko and 3 Others

Case brief

What is this about?

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Ved Prakash Trivedi v. State of U.P. Thru. Prin. Secy. Ministry Urban Development Lko and 3 Others

Case brief

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