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Allahabad High Court · body

2016 DIGILAW 955 (ALL)

Manoj Kumar Agarwal v. State of U. P. Thru Prin. Secy. To Govt. Irrigation & Water

2016-03-16

ASHOK PAL SINGH, NARAYAN SHUKLA

body2016
JUDGMENT The petitioner is aggrieved with the charge-sheet dated 30.01.2012. The petitioner's anxiety is that the said charge-sheet was served to the petitioner on 30.01.2014. He has submitted reply of charge-sheet on 27.02.2014. During the continuation of inquiry, he retired on 30.09.2014 but till date the same has not been finalized despite the direction issued by this Court on 20.06.2014 in writ petition no.887 (S/B) of 2014 to expedite the inquiry and conclude the proceedings in accordance with law, expeditiously. 2. It has further been submitted that neither the inquiry has been concluded by the respondents nor has the petitioner been paid provisional pension from November, 2015 on account of which he is also facing financial hardships. 3. In view of the aforesaid submissions, we are of the view that the proceeding of inquiry requires stipulation of period to conclude it within a definite period so that it may not be lingered on unnecessarily depriving petitioner from getting post retiral dues finally. Therefore, we hereby issue direction to the respondents to conclude the inquiry within three months from the date of service of a certified copy of this order to the Inquiry Officer and take final decision thereafter within next one month subject to cooperation of the petitioner so that the petitioner may get post retiral dues accordingly. In the meanwhile, the payment of provisional pension shall be made to the petitioner in accordance with rule. 4. With the aforesaid directions, the writ petition stands disposed of.