Court No. - 38 Case :- WRIT - A No. - 37942 of 2010 Petitioner :- Susheel Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner being a Constable was suspended, but order of suspension was
subsequently quashed. Now, a charge sheet under Rule 14(1) of Rule 1991
has been given to the petitioner for major punishment. According to the
petitioner, in case the charges levelled against him are subsequently proved,
major punishment cannot be awarded. To this effect, the petitioner has
submitted an objection (Annexure-8 to the writ petition). According to the
petitioner, the same has not yet been considered and the objection of the
petitioner before proceeding with the inquiry regarding the charges levelled
against him be decided before that. But, the respondent has not taken any
decision despite the fact that the objection has been raised on 08.06.2010.
Learned Standing Counsel submits before this Court that after the charge
sheet has been given to the incumbent and the Inquiry Officer has been
appointed, the disciplinary authority has become functus officio to entertain
any type of objection regarding the charge sheet and the charges. The said
contention of the learned Standing Counsel cannot be accepted in view of the
fact that the Inquiry Officer can only consider and decide the charges which
have been levelled in the charge sheet. He cannot go beyond that. If some
objection regarding the validity of charges and charge sheet has been given, it
is the total domain of the disciplinary authority to consider it.
I have considered the submissions made on behalf of the petitioner and
learned Standing Counsel. In my opinion, as the objection regarding the
charges has already been filed by the petitioner, therefore, it will be
appropriate that if there is an objection to this effect that charges cannot be led
to major punishment, respondent are under the obligation to decide the same.
In such circumstances, I am of the opinion, that it will be appropriate that this
writ petition may be disposed of finally directing the respondent No.3 to
decide the objection filed by the petitioner strictly in accordance with law by a
speaking and reasoned order within a period of six weeks from the date of
production of certified copy of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 3.7.2010
NS