Allahabad High Court
Saroj Dubey And Another vs State Of Up And 3 Others on 1 March, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:37326
Court No. - 36
Case :- WRIT - A No. - 3299 of 2024
Petitioner :- Saroj Dubey And Another
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Hari Om Ojha,Rishi Kant Rai
Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Saurabh Shyam Shamshery,J.
1. According to petitioners, Sriprakash Narayan Dubey (husband of petitioner-1 and father of petitioner-2) was appointed as Assistant Teacher in the year 1999 and later on, he was promoted. His services were terminated by an order dated 07.05.2019, however, the said termination order was set aside by an order dated 15.10.2020 passed in Writ No. 8595 of 2020 and it was directed to proceed afresh from the stage of suspension. Relevant part of order is quoted below -:
"However, in view of the judgment of the Apex Court in the case of Managing Director Ecil Hyderabad v B. Karunakar Etc. decided on 1st October, 1993, the matter is remitted to the disciplinary authority to be proceeded afresh from the stage of suspension. A formal chargesheet shall be issued to the petitioner within period of three weeks from today. Learned counsel for the petitioner agrees that in case if petitioner is not traceable and avoids service, the same shall be published in duly recognized newspapers having wide circulation in the area. In the event of service of charge by publication or the service of chargesheet as case may be, the petitioner shall submit his reply within period of four weeks. Thereafter respondent will proceed with formal enquiry and shall conclude the same with due participation of the petitioner within a period of six weeks. In case if petitioner is found guilty of the charges he will be served with a show cause notice alongwith copy of the enquiry report inviting explanation and thereafter only any final order will be passed. Needless to say entire procedure which is prescribed under 1999 Enquiry Rules shall be followed in all circumstances. The entire proceedings as directed hereinabove shall be concluded within period of five months from today.
Learned counsel for the petitioner undertakes that petitioner will participate in the enquiry proceedings. "
2. Sri Hari Om Ojha, learned counsel for petitioners submits that no further proceedings was undertaken in terms of above referred order and meanwhile, husband of petitioner-1 died on 29.08.2023.
3. Learned counsel further submits that petitioners have approached concerned respondent by way of filing a representation dated 22.11.2023 to grant family pension sent through speed post.
4. Sri Pranesh Dutt Tripathi, learned counsel for respondent BSA, at this stage, submits that he has no specific instructions in this regard, however, on basis of above referred submissions, petitioners may be permitted to file a detailed representation to be handed over to concerned respondent by hand and for that they may be permitted to appear before B.S.A., Kushinagar on 06.03.2024 during working hours and thereafter claim of petitioners be considered in accordance with law.
5. Learned counsel for petitioners submits that this writ petition may be disposed of taking note of above submissions of learned counsel for respondent-B.S.A.
6. In above circumstances, after considering facts and circumstances of the case, this writ petition is disposed of with an observation that petitioners will be at liberty to appear before concerned B.S.A. on 06.03.2024 during working hours. The Officer concerned will provide an acknowledgement of same and will decide said representation and take a reasoned decision and considering that it is a case of family pension, therefore, decision shall be taken within four weeks.
Order Date :- 1.3.2024
N. Sinha
