Satish Kumar Pathak vs State Of U.P. And 3 Others
2021 Latest Caselaw 4303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 110 of 2021
 

 
Appellant :- Satish Kumar Pathak
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Siddharth Khare,Sr. Advocate Shri Ashok Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rajiv Joshi,J.

Heard Sri Ashok Khare, learned Senior Counsel, for the appellant; learned Standing Counsel for the respondents; and have perused the record.

This intra court appeal is against a judgment dated 11.01.2021 passed by the learned Single Judge in Writ-A No.11202 of 2020 by which the petition of the appellant seeking quashing of the suspension order dated 12.12.2019 has been dismissed with a direction upon the second respondent (Director, Training and Employment, U.P., Lucknow) to conclude the inquiry within six months.

A perusal of the record reveals that a charge sheet has already been drawn to initiate disciplinary inquiry against the petitioner. In fact, the charge sheet has been enclosed with the affidavit filed in support of this appeal.

Learned Standing Counsel, who was required to seek instructions with regard to the current status of the inquiry, has informed the Court that the appellant is not cooperating in the inquiry.

If the appellant does not cooperate in the inquiry, it is open for the enquiry officer to conclude the inquiry, in accordance with law, ex-parte.

But, as a charge sheet has already been drawn against the petitioner, we do not find any justification to interfere with the order passed by the learned Single Judge, particularly, when one of the charges relates to a conduct amounting to an act of indiscipline.

The appeal is dismissed.

Order Date :- 22.3.2021

AKShukla/-