Ramesh Yadav And 4 Others vs State Of U.P. And 6 Others
2023 Latest Caselaw 9026 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 5265 of 2023
 

 
Petitioner :- Ramesh Yadav And 4 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Amar Bahadur Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Learned counsel for the petitioner is seeking the same relief as granted to the petitioner on the basis of the judgment dated 22.3.2023 passed in Writ-A No.3545 of 2023 (Jitendra Tewari vs. State of U.P. and 4 others), which is quoted herein below:-

"It is submitted by learned counsel for the petitioner that the salary of the petitioner has been stopped by the respondent on the ground of pending inquiry with regard to the objections on the educational certificates submitted by the petitioner at the time of recruitment. Learned counsel for the petitioner submits that the salary of the petitioner cannot be stopped as till date no punishment order has been passed.

Learned Standing Counsel submits that the petitioner is not cooperating in the inquiry proceedings and have not appeared on 15.02.2023. He submits that the petitioner is required to cooperate in inquiry proceedings so that a just conclusion is drawn.

At this stage, learned counsel for the petitioner submits that the petitioner will appear before the Inquiry Committee within a time fixed by this Court and shall participate in the inquiry proceedings.

Considering the facts and circumstances of the case and submission of the parties, it is hereby provided that the petitioner shall appear before the Inquiry Committee on or before 28.03.2023. In case the petitioner appears, the Inquiry Committee shall conclude the inquiry proceedings against the petitioner within one month thereafter.

It is hereby provided that the salary of the petitioner shall be released to the petitioner, in case, the petitioner appears before the Inquiry Committee on the date fixed by this Court and shall be subject of further cooperation by the petitioner.

With the aforesaid observation/direction, the writ petition is disposed of."

It is submitted by the learned counsel for the petitioner that case of the petitioner in the present petition is on better footing than the case of petitioner in the above mentioned writ petition as petitioner of the present case has already cooperated with the inquiry by way of submitting all the testimonials and documents related to thereupon and as such the indulgence as drawn by the Coordinate Bench in the above mentioned writ petition may also be extended to the petitioner of the present petition.

Be that as it may, the salary of the petitioner shall be released and the same shall be subjected to the final outcome of the inquiry dated 13.1.2023 wherein the petitioners have already submitted their documents as warranted by the competent authority.

It is however, directed to the Chief Medical Officer, Mirzapur being the appointing authority to conclude the inquiry as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order.

Writ petition is disposed of as aforesaid.

Order Date :- 27.3.2023

Rakesh