Petitioner challenged the initiation of disciplinary enquiry. Court held earlier proceedings were preliminary. Directed respondents to provide charge sheet documents within 15 days and conclude enquiry within 4 months.
Directions to provide charge sheet documents within 15 days and conclude enquiry within 4 months.
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Neutral Citation No. - 2024:AHC-LKO:66251
Court No. - 18
Case :- WRIT - A No. - 8244 of 2024
Petitioner :- Om Prakash Prasad Respondent :- Cane Commissioner U.P. Lko. And Another Counsel for Petitioner :- Dileep Kumar Srivastava,Jaideep Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
the earlier alleged enquiry proceedings were only in the nature of a preliminary enquiry whereafter the impugned order has been passed and therefore does not amount to a second enquiry.
concluded expeditiously, preferably within a period of four months from the last date petitioner is required to submit reply to charge sheet. Aforesaid time-frame shall be subject to cooperation by petitioner in early conclusion of enquiry proceedings.
Order Date :- 24.9.2024 kvg/-
Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the initiation of fresh enquiry proceedings constitutes a second enquiry when an earlier show cause notice was not decided.
Whether the Cane Commissioner is incompetent to initiate enquiry as he is also the Judge of his own cause.
Whether the respondent is directed to provide documents and complete the enquiry within a stipulated timeframe.
Om Prakash Prasad
Cane Commissioner U.P. Lko.
Manish Mathur
As recorded by the court registry
2 orders share this CNR
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