Neutral Citation No. - 2025:AHC:86603 Court No. - 4 Case :- WRIT - A No. - 7287 of 2025 Petitioner :- Mahendra Singh Chauhan Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Vinay Kumar Mishra,Vinayak Varma Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Vinayak Varma, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has prayed for quashing of the preliminary fact finding enquiry report and also the chargesheet filed in the matter instituting departmental enquiry and hence entire disciplinary proceedings. 3. The submission advanced by learned counsel for the petitioner is that the charges are not made out as they are not related to the petitioner and hence, he cannot be forced to face the departmental enquiry. 4. Learned Standing Counsel opposes the petition on the ground that this is a matter of defense to be taken by the delinquent employee before the enquiry officer and if he successfully makes out a case that charges are not made out, then definitely the charges in departmental enquiry would fall and in the matter of disciplinary proceedings this cannot be a stage for this Court to interfere in exercise of extraordinary jurisdiction under Article 226 of the Constitution. 5. Having heard learned counsel for the parties and having perused the records, even though the stand of the petitioner was that the charges are not made out for the reasons pleaded in the petition but in my considered view considering the principles of service jurisprudence where an employer proceeds against the employee leveling certain charges for breach of conduct and discipline in terms of conduct rules that are part of the contract of employment then those charges are to be examined only by a duly appointed enquiry officer. Every defense to dispel the charges is liable to be investigated and enquired into in the departmental enquiry under the relevant service rules applicable and this Court does not have any mechanism of any kind to interfere to assess and verify facts qua complaint/allegation subject matter of enquiry at this stage by merely for pleadings framed in the writ petition. Before the enquiry officer it will be open for the petitioner as well as the departmental witnesses to plead and counter plead the allegations with regard to the charges and cross examine each other as well. 6. Accordingly I decline to grant indulgence in the matter of departmental proceedings at this stage. However, since the petitioner has pleaded that he has a very strong defense to plead and the charges would not be made out, I consider it appropriate to expedite the departmental enquiry and consequential disciplinary proceedings. 7. In view of the above, this petition stands disposed of at this stage with direction to the disciplinary authority to ensure that the disciplinary proceedings stands concluded within a maximum period of three months of productio of certified copy of this order, provided petitioner cooperates. 8. Needless to add, procedure prescribed for under the relevant Discipline and Appeal Rules, shall be strictly adhered to and principles of natural justice shall also be strictly complied with. Order Date :- 22.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad