Allahabad High Court
Vishuddhanand Dwivedi vs State Of Up Thru Secy. Nagar Vikas ... on 5 March, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 3882 of 2019
Petitioner :- Vishuddhanand Dwivedi
Respondent :- State Of Up Thru Secy. Nagar Vikas Lucknow And Ors.
Counsel for Petitioner :- Anuj Kudesia
Counsel for Respondent :- C.S.C.,R C Tiwari
Hon'ble Rajesh Singh Chauhan,J.
This court has passed order dated 21.02.2019 as under:-
"Heard Sri Anuj Kudesia, learned counsel for the petitioner.
Sri Rakesh Chandra Tewari, Advocate has filed Vakalatnama on behalf of opposite party No.3, the same is taken on record.
By means of order dated 11.02.2019, this Court passed the following order:-
"Notice on behalf of opposite parties no. 1, 2 and 4 have been accepted by the learned Chief Standing Counsel.
Issue dasti notice to the opposite party no.3.
Issuance of notice to the opposite party no.5 shall be considered later on.
Submission of the learned counsel for the petitioner is that the tender of the respondent no. 5 was rejected and he was blacklisted, therefore, he had threatened to the petitioner of abducting his children and harm his family residing at Ghaziabad. Therefore, in repercussion the petitioner has threatened to him, but the same was not on duty hours. An explanation was called from the petitioner by means of letter dated 21.1.2019, the reply of which was submitted by means of letter dated 23.1.2019, but without considering the same, the suspension order dated 1.2.2019 has been passed. He further submitted that the employees association has also made a complaint in regard to the conduct of the respondent no. 5.
Learned Standing Counsel prays for and is allowed a week's time to seek instructions.
List on 19.2.2019 as fresh."
Learned Additional Chief Standing Counsel for the State-respondents has submitted that vide letter dated 12.02.2019 all the opposite parties have been apprised the order dated 11.02.2019 and asked to provide the relevant instructions in the matter.
Today, learned Additional Chief Standing Counsel has submitted that no instructions have been received from any of the opposite parties.
List this petition on 05.03.2019 as fresh to enable the learned counsel for the State-respondents to seek the complete instructions in the matter in terms of earlier order dated 11.02.2019, failing which, the Secretary, Department of Nagar Vikas, Civil Secretariat, U.P., Lucknow shall appear in person along with the record to assist the Court.
When the case is next listed, name of Sri Rakesh Chandra Tewari, Advocate be printed in the cause list as counsel for the opposite parties."
In compliance of the aforesaid order, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel has produced the letter dated 28.02.2019 preferred by the Joint Secretary, Department of Urban Development, Anubhag-3, Government of U.P., Lucknow addressing to the office of the learned Chief Standing Counsel, Lucknow. In the aforesaid letter, the Joint Secretary has submitted that in the issue in question the District Magistrate, Bareilly has been appointed as Inquiry Officer and the charge-sheet has already been issued on 28.02.2019. The aforesaid letter categorically provides that the inquiry in question shall be concluded within a month and the findings of the Inquiry Officer shall be submitted within the aforesaid period.
Learned counsel for the petitioner has submitted that the impugned suspension order is an outcome of a repercussion just to save the opposite party No.5, who had submitted the forged papers of tenders before the Competent Authority. He has further submitted that the inquiry may go on, if it is so required, but the suspension order may be kept in abeyance.
Since the Government is of the view that the departmental inquiry be concluded within the period of one month and the inquiry report be submitted within the aforesaid period and the District Magistrate, Bareilly has been appointed as Inquiry Officer and the charge-sheet has been given to the petitioner, no interim order is being granted at this stage.
List this petition on 01.04.2019 as fresh within top five cases.
The application for interim relief of the petitioner may be considered on the next date.
Order Date :- 5.3.2019
Suresh/
[Rajesh Singh Chauhan,J.]
