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2025 DAILYLAW 156509 (ALL)

BANWARI LAL v. STATE OF U.P. THRU. PRIN. SECY. P.W.D. LKO.

WRIA/8827/2025 · 2025-08-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46619 Court No. - 8 Case :- WRIT - A No. - 8827 of 2025 Petitioner :- Banwari Lal Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. Lko. Counsel for Petitioner :- Ramesh Chandra Pandey,Ajeet Srivastav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging charge sheet dated 22.07.2024 and for concluding disciplinary proceedings within a stipulated time-frame. 3. It has been submitted that earlier enquiry proceedings were initiated against petitioner on the basis of reports dated 03.03.2007 and 04.09.2008 whereby vide order dated 02.07.2014, recovery of Rs.32,015.73 and punishment was also imposed upon petitioner, which was challenged by him in Claim Petition No.1516 of 2014 before the U.P. State Public Services Tribunal. The said Claim Petition was allowed by means of judgment and order dated 10.02.2021 quashing punishment order while granting liberty to the Department to conduct enquiry afresh. 4. It is submitted that impugned charge sheet has thereafter been issued in pursuance of such directions but after three years of such directions having been issued. It is admitted that charge sheet has been issued after taking due approval under Article 351-A of Civil Service Regulations. It is thus submitted that no fresh enquiry was conducted prior to issuance of charge sheet. 5. Mr. Ram Pratap Singh Chauhan, learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that enquiry proceedings have been initiated in pursuance of directions issued by Tribunal and there is no provision under law whereby preliminary enquiry is mandatorily required to be held prior to issuance of charge sheet. It is submitted that once it is admitted that approval under Article 351-A of Civil Service Regulations has already been taken, enquiry proceedings shall be concluded shortly. It is however, submitted that enquiry proceedings could not be concluded for the past one year due to non- cooperative attitude of petitioner. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is thus evident that impugned charge-sheet has been issued in pursuance of directions issued by the Tribunal vide order dated 10.02.2021, which attained finality. There does not appear to be any statutory provision requiring opposite parties to conduct a preliminary enquiry prior to issuance of charge sheet to petitioner. The submission of learned counsel for petitioner on that score is rejected. 7. Since admittedly, the enquiry proceedings are pending since 22.07.2024 and since learned counsel for petitioner submits that petitioner has not been provided the relevant documents, it is directed that enquiry officer shall provide all the necessary documents required by petitioner within a period of ten days from the date a certified copy of this order is produced before him. In the event such documents cannot be provided to petitioner for any reason, he shall be granted access to such documents for his perusal. After completion of the said procedure, petitioner is granted 15 days time to file reply to charge sheet. The enquiry proceedings shall be concluded within a period of four months from the last date petitioner is required to submit his reply to charge sheet. 8. In view of aforesaid directions, the petition stands disposed of. Order Date :- 11.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench