RAJAN ROY, J. - (1.) HEARD Mr. Ratnesh Chandra, learned counsel for the petitioner as well as Mr. Saurabh Lavania, learned counsel for the respondents.
(2.) THIS writ petition has been filed by the petitioner, inter alia, challenging the charge sheet dated 07.03.2015, contained in annexure -1, as also the resolutions dated 03.08.2013 and 24.08.2013. A writ of mandamus has also been sought commanding the respondents to open the sealed cover in respect of the recommendation of the petitioner for promotion to the post of Professor (Department of Community Medicine and Public Health), King George Medical University, Lucknow in respect of the selection committee held on 10.07.2013.
(3.) A preliminary objection has been raised by Sri Saurabh Lavania regarding relief nos. 2 and 3 on the ground that in this regard a reference has already been made by the petitioner to the Chancellor under Section 35 (9) of the U.P. King George Medical University Act, 2002 which is still pending consideration. The contention of Sri Chandra is that in respect of the same charges the disciplinary proceedings were initiated against the petitioner earlier but the same were dropped. In this regard he invited the attention of the Court to the resolution of the Executive Council dated 30.08.2012 whereby the said disciplinary proceedings were dropped on the legal opinion tendered by the then counsel of the University as there was no cogent evidence with the University to support the allegation that the teaching certificates submitted by the petitioner along with his application form for appointment are forged. Therefore, on the same charges fresh enquiry cannot be ordered. In this regard he has placed reliance upon the judgments of the Supreme Court in the case of State of Assam and another Vs. J. N. Roy Biswas, 1975 AIR(SC) 2277 and Dr. (Smt.) Kuntesh Gupta Vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (U.P.) and others, 1987 AIR(SC) 2186 wherein, according to him, it had been held that once the disciplinary proceedings are closed and the official is reinstated, the Government cannot restart the exercise in absence of a specific power to review or revise, vested by rules in some authority.;