disciplinary proceeding
Querist :
Anonymous
(Querist) 16 March 2010
This query is : Resolved
I was suspended by order dated 04.04.09 and charge sheet was served on 21.07.2009.I made an application dt.10.09.2009 to the inquiry officer to supply coppies of some (66)documents to reply the charge sheet.These documents are other than the documents listed in the charge sheet.Inquqry officer wrote a letter dt.19.09.2009 to the Secy to Govt.to supply those documents demanded by me.After a lapse of three months time and no document was provided so I approached the Hon'ble High Court thru w.p. no.1855(SB)/2009.The Hon'ble High Court was pleased to pass the following order/judgement.
Writ Petition No. 1855 (SB) of 2009
Phool Chandra ... Petitioner
Versus
State of U.P. and another ... Opposite parties
---------------
Hon'ble Rajiv Sharma, J.
Hon'ble Dr. Satish Chandra, J.
Heard Mr. Yogendra Mishra, learned Counsel for the Petitioner and Mr. Rajneesh Kumar, learned Counsel for the State.
By means of the instant writ petition, the petitioner is assailing the order of suspension dated 4.4.2009.
The argument of the learned counsel for the petitioner that the charges are not correct and cannot be attributed to the petitioner, to which learned Standing Counsel submits that the same cannot be a subject matter of jurisdiction under Article 226 of the Constitution of India and it can be considered by the Enquiry Officer, where the parties would be free to lead evidence and produce material which may be proved by the respective parties. The High Court is not acting as an Enquiry Officer in the enquiry or is sitting over the suspension order.
Counsel for the Petitioner, at this stage, submitted that a direction be issued to the Enquiry Officer to complete the enquiry expeditiously, to which learned Counsel for the State has no objection if the enquiry is directed to be expedited. He further submits that charge sheet has already been served upon the petitioner on 21.7.2009.
Considering the peculiar facts and circumstances of the case, it is provided that reply to the charge sheet may be tendered within two weeks and in case the petitioner requires the copies of any document and makes an application in that behalf, the Enquiry Officer shall consider the application of the petitioner for supply of documents and after being satisfied about the relevancy of such documents within three days from the receipt of such application, he shall supply the copies of such documents to the petitioner and in case it is not practically possible or for any other valid reason to supply the copy of any such document, he may allow inspection of such document to the petitioner by fixing date, time and place for such inspection within next seven days. The Enquiry Officer shall ensure free access to the petitioner to such documents, which are to be inspected by the petitioner. The petitioner shall thereafter submit reply to the charge sheet within the next fifteen days and the Enquiry Officer shall complete the enquiry within the next two months from the date of submission of the reply. The Enquiry Officer shall submit his report on or before the expiry of the aforesaid period of two months to the disciplinary/appointing authority, who shall take necessary steps and pass final orders within the next one month. In case the petitioner seeks any adjournment, the period of such adjournment shall be excluded from the time schedule referred to above. The petitioner shall cooperate in the enquiry, failing which it will be open to the enquiry officer to conclude the enquiry ex parte within the period provided here-in-above.
In case the enquiry is not completed within the time provided, despite cooperation of the petitioner, the order of suspension shall stand revoked and the petitioner would be at liberty to approach the Court again.
With the above directions, the writ petition is finally disposed of.
Dt.10.12.2009
[Dr. Satish Chandra, J.][Rajiv Sharma, J.]
Enclosing the copy of my previous application dt. 10.09.09 regarding supply of documents as wel as copy of above judgement dt.10.12.09 of Hon'ble High Court I sent an application to Inquiry officer and requested to provide coppies of documents demanded by my letter letter dt.10.09.09.
Not getting any response, I personally appeared before I.O.on 29.12.09 with a written appliction demanding coppies of documents as required in my previous letter dt.10.09.09. I.O.provided me a letter which is a letter dt.05.12.09 of spl.secy to Govt.addressed to Inquiry Officer (by name)regarding the documents demanded by me thru my letter dt.10.09.09.In above letter dt.05.12.09 Govt communicated to I.O. regarding availability and relevancy of documents.In this letter two documents were mentioned to be attached with,regarding other documents it is mentioned that , two of these may be inspected in the office of Director social welfare,one in the office of Distt.welfare officer,one in the office of Director of education and rest allmost all documents were denied.I.O.provided me the above letter dt.05.12.09. of spl.secy Govt. but did not provided any enclosures/documents.Through another letter dt.29.12.09 I.O. asked me to give pointvise explanation about the points raised in Govt's letter dt.05.12.09 regarding documents demanded by me thru my letter dt.10.09.09.Meanwhile I found that four documents amongst the documents listed in the charge sheet were not supplied me with charge sheet.So while putting my explanation about 66 points mentioned in the Govt's letter dt.05.12.09,I mentioned that four docments listed in charge sheet at sl.no.(given)have not been supplied to me and I requested to supply these four listed documents as wel as two documents said to be enclosed with Govt.'s letter dt.05.12.09 and all the 66 documents regarding which I explained the relevancy in this letter dt.11.01.2010.
for inspection of documents I.O. fixed the date 21.01.10 at Govt.office,another dt.15.02.10 in the office of Director social welfare,dt.17.02.10 at Govt.'s office and in response I appeared in fixed time ,at given place on the dates fixed and requested to made available the documents for inspection and coppies thereof but no document were made available for inspection and no copy of any document has been supplied.
After the judgement of the Hon'ble High Court dt 10.12.09 I have written ten registered letters to I.O.requisting for inspection of documents
and supply of copies of documents
but no document has been made available for inspection and no copy of any document supplied till date.
Pl.suggest me what further step should i take,After the expiry of the time provided by the court to complete the proceeding?what will be the consequences of court's order after the expiry of the time proveded,will the disciplinary proceeding continue even after the time provided?what will happen after the time given by the court?
