Smt. Harshita Mishra vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5145 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- SPECIAL APPEAL No. - 43 of 2023
 

 
Appellant :- Smt. Harshita Mishra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Jail Admini. And Reform Serv. U.P. Civil Secrett. Lko. And Others
 
Counsel for Appellant :- Shraddha Tripathi,Pawan Kumar Upadhyay,Ram Ji Trivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard Ms. Shraddha Tripathi, learned counsel for the appellant and learned State Counsel.

The proceedings of this special appeal have been instituted impeaching the judgment and order dated 30.01.2023, passed by the learned Single Judge whereby Writ-A No. 707 of 2023 filed by the appellant-petitioner challenging her suspension order dated 14.12.2022, has been dismissed.

After arguing at some length, learned counsel for the appellant-petitioner confines her prayer to two reliefs :

(1) that respondents may be directed to expedite the disciplinary proceedings initiated against the petitioner, and

(2) that it may be provided that any observation made by the learned Single Judge in the order dated 30.01.2023 will be without prejudice to the rights of the appellant-petitioner to claim her exoneration in the disciplinary proceedings.

Accordingly, considering the innocuous nature of prayer made by the learned counsel for the appellant-petitioner, we dispose of this Special Appeal with the direction to the respondents to conclude the disciplinary proceedings strictly in accordance with law/rules applicable thereto, with expedition, say, within a period of two months from the date certified copy of this order is produced before the authority concerned.

We further direct that while conducting the disciplinary enquiry into the alleged charges against the appellant-petitioner, she shall be afforded appropriate and adequate opportunity of hearing and further that the proceedings shall be conducted by observing strictly the provisions contained in U.P. Government Servant (Discipline and Appeal) Rules, 1999. We further direct that any observation made in the order dated 30.01.2023, passed by the learned Single Judge in Writ-A No.707 of 2023 will be without prejudice to the rights of the appellant-petitioner to seek her exoneration in the disciplinary proceedings.

Order Date :- 15.2.2023

Sanjay