Sumit Kumar Gupta v. State of U.P. and 4 Others

Court No. - 7

Case :- WRIT - A No. - 913 of 2025

Petitioner :- Sumit Kumar Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C.,Shashi Kant Srivastava

Hon'ble Prakash Padia,J.

1. The petitioner was suspended by the order dated 03.01.2024 passed by the respondent No.3/District Basic Education Officer, Pilibhit. after the aforesaid order was passed, an inquiry was initiated against the petitioner and subsequent to the same, the petitioner was reinstated in services by imposing major penalty by stopping one increment with cumulative effect and transfer the petitioner to PS Nova Nagla Development Block Barkhera, Pilibhit.

1. It is argued by learned counsel for the petitioner that the procedure to conduct inquiry against the petitioner is provided under Rule 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999. It is argued that the entire inquiry was initiated and conducted against the petitioner in complete violation of Rule 7 of Rules 1999 as while issuing charge-sheet, not even a single documentary evidence or papers were given to the petitioner and even as per charge-sheet, the charges levelled against the petitioner are very vague. It is argued that the Inquiry Officer has not provided any opportunity of hearing to the petitioner and even to cross examine the witnesses and conducted the entire enquiry in an ex-parte manner.

1. Matter requires consideration.