Manish Kumar vs State Of U.P. And 5 Others
2021 Latest Caselaw 2725 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 1584 of 2021
 

 
Petitioner :- Manish Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Siddharth Khare
 
Counsel for Respondent :- C.S.C.,Sujeet Kumar Rai
 

 
Hon'ble Ashwani Kumar Mishra,J.

Following orders were passed in the matter on 3.2.2001:-

"Petitioner has objected to appointment of same Enquiry Officer again for the conduct of fresh enquiry after the previous enquiry was found defective by this Court in petitioner's earlier Writ Petition No.16501 of 2018, which has been allowed on 04.04.2019. It is stated that same Enquiry Officer has again been appointed and there is legitimate apprehension of bias. Reliance is placed upon a judgment of the Supreme Court in Registrar of Cooperative Societies Madras and another vs. Fx. Fernando, (1994) 2 SCC 746 to submit that in order to remove any apprehension of bias on part of the Enquiry Officer a different Enquiry Officer be directed to be appointed in the matter.

Learned counsel for the respondents may obtain instructions in the matter, by the next date fixed.

Put up as fresh on 17.02.2021."

Sri Sujeet Kumar Rai, learned counsel for the respondent has obtained instructions from the managing director concerned, according to which petitioner's request for change of inquiry officer has been accepted and another inquiry officer has been appointed. Copy of the order passed by the managing director has been handed over to the counsel for the petitioner today in Court.

In view of the above statement, the grievance of the petitioner has been redressed. The petitioner, therefore, shall cooperate in the inquiry and the disciplinary authority shall ensure conclusion of the proceedings expeditiously, preferably, within a period of four months from today.

Writ petition is accordingly disposed of

Order Date :- 19.2.2021

n.u.