SURESH CHANDRA KURIL Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-1993-10-72
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on October 04,1993

Suresh Chandra Kuril Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

K.L. Sharma, J. - (1.) HEARD Shri M.A. Siddiqui, learned counsel for the petitioner. Perused the writ petition and annexures thereto. The petitioner has challenged the order of suspension dated 8th August, 1993 contained in Annexure No. 1 passed by the opposite party No. 2. The grievance of the petitioner is that about two months are going to be elapsed but no charge -sheet has been served upon him. No legal ground has been made out in writ petition for quashing the impugned order of suspension. There is nothing to call for interference by this Court at this stage. However, it is mandatory for the disciplinary authority to conduct the disciplinary enquiry and complete it expeditiously in accordance with the Government instructions especially when two months are going to be passed and no charge -sheet has been served. It is, therefore directed that the opposite party shall serve the charge -sheet to the petitioner within a week from the receipt of the certified copy of the judgment and the enquiry shall expeditiously be conducted within two months and the petitioner shall co -operate with the enquiry. If the charge -sheet is given to the petitioner, the petitioner shall file written statement to the charge -sheet within the period already stipulated in the charge -sheet and from the date of receipt of the written statement the Enquiry Officer shall conduct and complete the enquiry within two months after giving full opportunity to the petitioner for cross -examination of witnesses and adducing his own evidence. If the enquiry is not concluded within specified time, the enquiry proceedings shall stand revoked and the petitioner, if not already reinstated, shall stand reinstated. If Enquiry Officer conducts and completes enquiry and submits report to the disciplinary authority, the report shall be disposed of within six weeks after giving opportunity to the petitioner and communicate the petitioner. In case the report is not disposed of within specified time, the petitioner, if already not reinstated or the enquiry has been dropped, will be reinstated with full payment and enquiry proceedings shall stand revoked finally.
(2.) WITH these directions, the writ petition is finally disposed of.;


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