Neutral Citation No. - 2025:AHC-LKO:17269 Court No. - 3 Case :- WRIT - A No. - 3127 of 2025 Petitioner :- Rahul Prajapati Respondent :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Basic Edu. Deptt. Lko. And 4 Others Counsel for Petitioner :- Meenakshi Singh Parihar Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Ravi Prakash Yadav Hon'ble Rajesh Singh Chauhan,J. Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Singh Parihar, learned counsel for the petitioner, Sri Rishabh Tripathi, learned Standing Counsel for the opposite party nos. 1 and 2, Sri Ranvijay Singh, learned counsel for the opposite party no. 3 and Sri Ravi Prakash Yadav, learned counsel for the opposite party nos. 4 and 5. Under challenge is a charge-sheet dated 07.02.2025 issued by the opposite party no. 5 (Annexure No. 1). The another order under challenge is the order dated 22.02.2025 (Annexure No. 2), whereby, the medical leave of the petitioner has not been sanctioned on the pretext that departmental enquiry is pending pursuant to the impugned charge-sheet dated 07.02.2025. Learned Senior Advocate has submitted that the medical leave which is being sought is relating to the period with effect from 27.06.2024 to 27.01.2025. So the aforesaid medical leave is prior to the charge-sheet dated 07.02.2025. Learned Senior Advocate has also submitted that no relied upon documents have been provided to the petitioner along with charge-sheet and this fact has not been disputed by the learned counsel for the opposite party nos. 4 and 5. Further attention has been drawn towards Annexure No. 18, which is a detailed representation dated 23.02.2025 of the petitioner preferred to the enquiry officer, i.e., opposite party no. 5, demanding relied upon documents and other documents which are necessary for the petitioner to submit his proper defence reply. Learned Senior Advocate has submitted that after receiving the aforesaid representation dated 23.02.2025, the relied upon documents and relevant documents have not been provided to the petition till date, though, the petitioner has submitted his reply in absence of those documents but that reply may not be proper reply inasmuch as without having those documents which have been demanded by the petitioner, the proper reply could have not been filed. Sri Ravi Prakash Yadav, learned counsel for the opposite party nos. 4 and 5 has submitted on the basis of instructions that all the relied upon documents and copy of other relevant documents in terms of the representation of the petitioner dated 23.02.2025 shall be provided to the petitioner within a week. Sri Yadav has further submitted that the appropriate decision would be taken by the opposite party no. 4 to sanction the medical leave of the petitioner after completion of the departmental enquiry inasmuch as the aspect of medical leave is also subject matter of the departmental enquiry. Be that as it may, since, Sri Ravi Prakash Yadav, learned counsel for the opposite party nos. 4 and 5 is admitting that the copy of the relied upon documents as well as the other relevant documents demanded by the petitioner vide representation dated 23.02.2025 have not been provided and the same would be provided within a week, therefore, the opposite party nos. 4 and 5 are directed to provide the copy of the relied upon documents and relevant documents as per the representation dated 23.02.2025 within a week and after receiving the copy of those documents, the petitioner may submit his supplementary defence reply within a period of two weeks. Thereafter, the departmental enquiry would be conducted and concluded, strictly in accordance with law, by affording opportunity of hearing to the petitioner within a further period of eight weeks, subject to proper cooperation of the petitioner in the enquiry proceedings, inasmuch as, in absence of proper participation of the petitioner in the departmental enquiry, no departmental enquiry can be concluded to its logical end. After completion of the departmental enquiry, the disciplinary authority shall take final decision, strictly in accordance with law by affording opportunity of hearing to the petitioner within a further period of three weeks by providing the copy of the enquiry report to the petitioner. It is expected from the competent authority to finalize the departmental proceedings in terms of the aforesaid order. The writ petition is accordingly disposed of. Order Date :- 26.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench