Allahabad High Court
Rajesh Kumar Yadav vs State Of U.P. And 3 Others on 19 July, 2017
Bench: Ran Vijai Singh, Ifaqat Ali Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 31441 of 2017
Petitioner :- Rajesh Kumar Yadav
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anoop Trivedi
Counsel for Respondent :- C.S.C.
Hon'ble Ran Vijai Singh,J.
Hon'ble Ifaqat Ali Khan,J.
We have heard Sri Anoop Trivedi learned counsel for petitioner and learned Standing Counsel for the State-respondents.
By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 25.07.2016 passed by the Excise Commissioner, Uttar Pradesh Allahabad initiating the inquiry proceeding against the petitioner. Prayer has also been made to quash the entire inquiry proceeding and inquiry report dated 17.11.2016 submitted by the Inquiry Officer, i.e. Deputy Excise Commissioner, Muradabad Division Moradabad. Prayer has also been made to quash the charge sheet dated 25.07.2016 issued by the Excise Commissioner, Uttar Pradesh Allahabad. Further prayer have been made to consider the case of the petitioner for promotion on the post of Assistant Excise Commissioner, juniors to him have been promoted on the said post, with effect from the date on which such juniors have been promoted.
The facts of this case in brief are that against the petitioner, who happens to be Excise Inspector, an FIR bearing case crime no.703 of 2011 at Police Station- Kotwali under section 143, 392, 323 IPC was lodged by the media persons. Against the media persons, another FIR was lodged by one Ajay Kumar, Excise Inspector on 12.03.2011 being case crime no.703-A of 2011 under sections 143, 323, 353, 504, 506, 427, IPC. After lodging of the FIR against the petitioner, he was taken in to Judicial Custody on 10.03.2011 and remained in jail up to 17.03.2011. During this period the petitioner was suspended on 12.03.2011 However, he was enlarged on bail on 17.03.2011. After the bail was granted to the petitioner, on 28.03.2011, the petitioner has filed an application before the Excise Commissioner for revocation of the suspension order. On this the Excise Commissioner has instructed Deputy Excise Commissioner to submit a report in the matter. Pursuant there to Deputy Excise Commissioner has submitted a preliminary inquiry report stating therein that the petitioner was not present at the place of occurrence of incident. Another report was also sought from the Assistant Excise Commissioner, who by his report dated 26.04.2011 reported that the petitioner was arrested on account of conspiracy. It is submitted by the learned counsel for the petitioner that looking into the report of the Assistant Excise Commissioner and Deputy Excise Commissioner on 11.03.2016. The Excise Commissioner has revoked the suspension order of the petitioner on 08.08.2011 and posted him at Chitrakoot.
It is contented that when exercise of promotion of Excise Inspector to the post of Assistant Excise Commissioner had started at that point of time, the petitioner was served with charge sheet on 25.07.2016. It is submitted that the petitioner being disciplined employee has submitted his reply to the charge sheet on 08.08.2016. However, after considering the reply of the petitioner, the Deputy Excise Commissioner without holding any inquiry as required under the Uttar Pradesh Government Servant Discipline and Appeal Rules 1999 has postponed the decision with respect to the promotion of the petitioner till the pendency of the criminal case.
Sri Trivedi has vehimentaly contended that the charge sheet itself was not sustainable in the eyes of law for the reasons that once the preliminary inquiry was done by the Deputy Excise Commissioner, and thereafter Assistant Excise Commissioner and both the reports show that there was no involvement of the petitioner, and he had been arrested on account of conspiracy with the media person and suspension was revoked, there was no occasion for serving the charge sheet after expiry of five years from the date of revocation of the suspension order.
In the submission of Sri Trivedi the entire exercise is after thought and malicious.
Learned Standing Counsel appearing for the State-respondents prays for and is granted three days time to seek instructions in this matter.
As prayed, put up this case on 27.07.2017 as fresh.
Order Date :- 19.7.2017
Swati
