Neutral Citation No. - 2025:AHC:18593 Court No. - 5 Case :- WRIT - A No. - 804 of 2025 Petitioner :- Ghanshyam Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Ajay Bhanot,J. 1. Heard Shri Siddharth Khare, learned counsel assisted by Shri Aditendra Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents No. 1 to 3 and Shri Sumit Suri, learned counsel holding brief of Shri Nipun Singh, learned counsel for the respondents No. 4 and 5. 2. Shri Sumit Suri, learned counsel holding brief of Shri Nipun Singh, learned counsel for the respondents No. 4 and 5 on the basis of instructions submits that no oral evidence on behalf of the department was recorded in the enquiry proceedings. 3. Heard learned counsel for the parties. 4. Even if the petitioner does not appear in the enquiry proceedings, the department is under a bounden obligation to produce the relevant evidences and witnesses before the enquiry officer and prove the case against the petitioner. In the absence thereof, the enquiry proceedings are vitiated. 5. In this wake, the impugned order dated 18.01.2024 passed by the Executive Officer, Nagar Palika Parishad, Nahtore, District Bijnor as well as the impugned order dated 01.01.2025 passed by the Commissioner, Moradabad Division, Moradabad are liable to be set aside and are set aside. 6. The matter is remitted to the respondents with the following directions:- i) Enquiry to commence from the chargesheet. ii) The Enquiry Officer shall set specific dates for the enquiry proceedings and inform the petitioner in advance about the same. iii) The department shall appoint a presenting officer who shall introduce the evidences proposed to be relied against the petitioner. iv) The department shall also examine the witnesses to bring home the charges against the petitioner. v) The petitioner shall be given an opportunity to cross examine the said witnesses. vi) The Enquiry Officer shall submit a report after considering the evidence of the petitioner. vii) The petitioner is directed to cooperate in the enquiry proceedings. viii) The procedure shall be completed within a period of four months from the date of receipt of a certified copy of this order. 7. In case the petitioner does not cooperate in the enquiry proceedings, the Enquiry Officer shall record a finding to that effect and proceed attempt with the matter as stated above. 8. During the pendency of the enquiry proceedings, it shall be open to the respondents to suspend the petitioner after reinstating him in compliance of this order. During the course of enquiry proceedings the petitioner shall be entitled to subsistence allowance. 9. Writ petition is allowed to the extent indicated above. Order Date :- 7.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad