A petition for mandamus directing action against an employee following an inquiry report. The court noted the quashing of a punishment order due to procedural lapses but found no liberty granted to reinstate proceedings.
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Neutral Citation No. - 2024:AHC-LKO:54941-DB
Court No. - 3
Case :- WRIT - C No. - 6850 of 2024
Petitioner :- Ram Daur Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Medical Edu. Lko And 5 Others Counsel for Petitioner :- Dinesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, learned standing counsel who appears on behalf of the State-respondents.
This petition has been filed by the petitioner with the following main prayer:-
"Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to take action against the opposite party no. 6 in pursuance of report of Inquiry Committee on dated 25-08-2022 and immediately take action against the opposite party no. 6, in the interest of justice."
It is the case of the petitioner that he is a social worker. Some complaints were made against the opposite party no. 6, who works as Steno in the Office of the Principal of Government Medical College, Ambedkar Nagar. On which a three members inquiry committee was formed. The three member inquiry committee submitted its report on 25.8.2022 against the opposite party no. 6 and also recommended his transfer to some other place and initiation of disciplinary proceeding against him. No further action has been taken by the respondents against the opposite party no. 6 and therefore, this writ petition has been filed.
Learned Standing-counsel has produced before this Court the instructions sent by the Principal of Government Medical
College, Ambedkar Nagar wherein, it has been stated that after the three members inquiry committee submitted its report on 25.8.2022, the then Principal of Medical College, Ambedkar Nagar had passed the punishment order on 9.9.2022, which punishment order was challenged in a revision by Sri Atul Tripathi and the Director General, Medical Education and Training has interfered in the matter and has passed an order on 21.7.2023 quashing such punishment order on the ground of not following procedure as prescribed under the 'Discipline and Appeal Rules of 1999.'
We have gone through the enclosures sent alongwith the instructions and we find that the order dated 21.07.223 passed by the Director General, Medical Education and Training, U.P., Lucknow has simply quashed the punishment order on the ground of not following the procedure prescribed in law. No liberty has been given to the Principal of the Medical College concerned to proceed a fresh, in accordance with law, against the opposite party no.6.
Let a copy of this order be placed before the opposite party no. 2 by counsel appearing for the petitioner for the opposite party no. 2 to take appropriate action.
The writ petition is disposed of .
Order Date :- 9.8.2024 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Ram Daur Yadav
State Of U.P.
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
2 orders share this CNR
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