HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9482 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf opposite parties 1 to 4 while power on behalf of opposite party no.5 has been filed by Mr. Syed Zahid Hussain and Mr. Ram Pukar Singh, Advocates, which is taken on record. 2. Written instructions provided to learned State Counsel dated 26.08.2025 are also taken on record. 3. Present petition under Article 226 of Constitution of India has been filed challenging charge sheet dated 30.10.2024 and for a direction to authority concerned to sanction casual leave from 20.06.2024 till 22.06.2024 and medical leave from 23.06.2024 till 25.06.2025 and for payment of admissible salary. Further prayer has been made for acceptance of joining report dated 26.06.2025 and for payment of arrears of salary along with interest. 4. It has been submitted that petitioner was issued a charge sheet dated 30.10.2024 containing three primary charges but all the relevant supporting documents were not included in the charge sheet due to which petitioner submitted a letter dated 06.08.2024 sent through speed post indicating four documents which were required by him. It is submitted that despite the aforesaid request, the documents which were imperative for proper reply to be submitted by petitioner have not yet been provided to petitioner. It is also submitted that despite fact that petitioner is neither a terminated nor dismissed employee, salary payment is not being made to him. It is also submitted that petitioner being unwell was on medical leave whereafter he submitted his joining report on 26.06.2025 which has not been accepted till date. It is submitted that opposite party no.5 is Versus Counsel for Petitioner(s) : Hari Prasad Gupta, Durgesh Kumar Verma Counsel for Respondent(s) : C.S.C. Raj Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Deptt. Lko. And 4 Others .....Respondent(s) acting in a prejudice manner against petitioner. 5. Learned State Counsel has been provided written instructions and has specifically adverted to letter dated 28.12.2024 issued by the Chief Medical Officer, Balrampur to submit that all the relevant documents have already been provided to petitioner but enquiry proceedings are being delayed on his count. 6. Learned counsel appearing on behalf of opposite party no.5, Chief Medical Officer concerned who has been arrayed as opposite party in his personal capacity submits that petitioner has submitted his joining along with medical certificate issued by a private Doctor which requires to be certified by the Medical Board which was constituted vide order dated 17.10.2024 but petitioner himself is not appearing before the said Board. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that petitioner by means of letter dated 06.12.2024, which was sent through speed post has required four documents for effective reply. The letter dated 28.12.2024 issued by Chief Medical Officer purportedly in reply to the said request however, clearly reveals that none of the documents required by petitioner has been supplied to him on the premise that said evidence will be provided to petitioner during course of enquiry. 8. Such a procedure is unknown to service jurisprudence. In case a delinquent employee requires relevant documents for effective reply to charge sheet, it is the duty of the employer to provide the relevant documents or permit the delinquent-employee to examine such documents. 9. In the present case, no cogent reasons have been indicated in letter dated 28.12.2024 for not providing the documents required by petitioner. 10. In such circumstances, opposite parties, particularly, opposite parties 3 and 4 collectively are directed to ensure to provide the relevant documents sought for by petitioner vide letter dated 06.12.2024 within a period of fifteen days from the date a certified copy of this order is submitted before the said authority. In case for any reasons to be recorded in writing, copies of such documents cannot be provided to petitioner, he shall be granted access to the said documents physically. Upon expiry of aforesaid period, petitioner shall have opportunity to reply to the charge sheet within a period of fifteen days thereafter. The enquiry proceedings shall WRIA No. 9482 of 2025 2 culminate by passing of final orders within a period of three months from the last day provided to petitioner to submit his reply. 11. So far as the aspect of grant of casual and medical leaves are concerned, petitioner is directed to present himself before the State Medical Board to be constituted by the Director General, Medical Health within a period of ten days from the date a certified copy of this order is submitted before the said authority. In case petitioner's medical documents are verified, he shall be permitted joining forthwith along with payment of arrears of salary and for regular salary thereafter. 12. With aforesaid direction, the petition stands finally disposed of. August 27, 2025 kvg/- WRIA No. 9482 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench