Court No. - 38 Case :- WRIT - A No. - 31936 of 2010 Petitioner :- Chandrika Prasad Gupta Respondent :- State Of U.P. And Others. Petitioner Counsel :- Amulya Ratan Srivastava,Sunil Kumar Verma Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
A punishment was imposed upon the petitioner and he filed a writ
petition before this Court as Writ Petition no.1927 of 1989. The
writ petiton was allowed vide order dated 16.9.2009 but a liberty
was given to the respondent to proceed afresh. Now the charge-
sheet has been given. The petitioner aggrieved by the issuance of
the charge-sheet has approached this Court on the ground that the
charges levelled against the petitioner are the same which were
levelled in the earlier charge-sheet.
After consideration of the submission of the petitioner, I am of
opinion that the order of termination was quashed on technical
ground that the appointing authority has not passed the order of
termination. In such circumstances, this Court has given a liberty
to the disciplinary authority to proceed afresh and the charge-sheet
has been issued. It cannot be inferred by any means that if the
charges levelled in the subsequent charge-sheet are the same to the
charge-sheet given earlier, the proceeding is going to be vitiated.
Now on the basis of subsequent charge-sheet, the petitioner will
have opportunity to lead the evidence and to participate in the
inquiry. Therefore, in my opinion, this Court should not interfere
while exercising the powers under Article 226 of the Constitution
of India.
The writ petition being devoid of merit, is hereby dismissed.
As the matter is very old, it will be appropriate that the disciplinary
proceeding against the petitioner be completed within a period of
three months.
No order is passed as to costs.
Order Date :- 7.7.2010
V.Sri/-