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Sadhan Sahkari Samiti Ltd. Thru' Chairman, Agra v. State Of U.P. And Others - WRIT - A No. 1233 of 2007 [2007] RD-AH 4182 (12 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Rakesh Tiwari, J

Heard Sri Santosh Kumar Yadav, counsel for the petitioner, S/Sri K.N.Mishra and R.N. Sharma for the respondents and perused the record

The petitioner is Secretary of Sadhan Sahkari Samiti Ltd., Lakhurani, Block Shamshabad, District Agra. He has filed this writ petition praying for a writ of certiorari quashing the impugned order dated 30.12.2006 passed by respondent no. 3 and for a writ of mandamus directing the respondent nos. 2 and 3 to coclude the departmental proceedings against the respondent no. 5 within a specified period as may be fixed by this Court.  

         From the perusal of impugned order, it appears that Sri Jitendra Singh, Cadre Secretary, Sadhan Sahkari samiti Ltd., Lakhurani, Block Shamshabad, district Agra- respondent no. 5 had been in jail from 10.11.2006 to 13.11.2006 and was suspended vide order dated 13.12.2006.  After being released on bail, the Administrative Committee in its meeting dated 27.12.2006 considered the question of revocation of the suspension order of respondent no. 5 and resolved to revoke the order of suspension.  Respondent no. 5 was accordingly reinstated in service.

It was further resolved that departmental enquiry against Sri Jitendra Singh- respondent no. 5 will continue till it is brought to its logical end without being influenced by the fact that he had been in jail for the aforesaid period. It was also resolved that no salary or allowances shall be paid to the respondent no. 5 for the period he remained in jail.

The contention of counsel for the petitioner is that in view of Full Bench decision of this Court in Jam Chandra Pandey's case reported in 1997 (3) UPLBEC-1747, order of initiation of enquiry passed by the Member/Secretary was illegal as jurisdiction to pass such order lay in District Administrative Committee.

Sri K.N. Mishra, counsel for the respondents states that the District Administrative Committee has passed a subsequent order directing continuation of enquiry and retifying the order passed by the Member/Secretary.

He further submits that the enquiry has been initiated in as much as charge sheet has been issued and reply to the charge sheet has also been submited by the charged official.  He stated that the enquiry shall be brought to its logical end within a period of one month from today.

Sri R.N. Mishra, counsel for the respondent no. 5 states that the writ petition is not maintainable as it is filed by the Socieity which is not employer of respondent no. 5.

Looking into the facts and circumstances of the case, the interim order dated 10.1.2007 is vacated so that the enquiry is proceeded with and brought to its logical end at the earliest possible. It is hoped and trust that the enquiry shall be concluded and brought to its logical end positively within a period of six weeks from today.

With the above observation, the writ petition is dismissed.   No order as to costs.

Dated 12.3.2007



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