Subhwant Singh vs District Magistrate, Sant Ravi ...
2014 Latest Caselaw 572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 15899 of 2014
 

 
Petitioner :- Subhwant Singh
 
Respondent :- District Magistrate, Sant Ravi Das Nagar And Another
 
Counsel for Petitioner :- Anshu Chaudhary
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

While in service disciplinary proceedings were initiated against the petitioner. An Inquiry Officer was appointed  and the Inquiry Officer submitted its report   to the disciplinary authority. However, the disciplinary authority disagreeing with the said report stated that the report is not satisfactory and re-appointed another Inquiry Officer, which has proceeded and submitted a report  and a show cause notice  has been served upon the petitioner as to why the petitioner be not given major punishment. 

According to the learned counsel for the petitioner, once initial enquiry report was submitted  it was incumbent upon the disciplinary authority,  if it was not satisfied with the finding of the Inquiry Officer, to issue show cause notice to the petitioner giving reasons therein regarding his dissatisfaction, without taking such an action  fresh enquiry is being conducted, which is against the law. 

The matter requires consideration.

Let a counter affidavit  be filed within one month.

List on 7.5.2014.

In the meantime, it is provided that  the petitioner will be entitled at least the provisional pension, which shall be paid to him. 

Order Date :- 4.4.2014

SKM