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2019 Supreme(All) 2280

RAJESH SINGH CHAUHAN
Suresh Ram – Appellant
Versus
State of U. P. through Addl. Chief Secretary/Principal Secretary P. W. D. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Kaushlendra Tewari, Santosh Kumar Yadav.

JUDGMENT :

Rajesh Singh Chauhan, J.

1. Heard Sri I.P. Singh, learned Senior Advocate, assisted by Sri Kaushlendra Tewari, learned counsel for the petitioner and Sri Vishal Verma, learned State counsel for the State-respondents.

2. By means of this petition, the petitioner has assailed the order dated 22.7.2019 (Annexure No. 1 to the writ petition) passed by the Principal Secretary, Public Works Department, U.P. Lucknow directing for re-enquiry against the petitioner appointing enquiry officer. The petitioner has also assailed the charge sheet dated 2.8.2019 (Annexure No. 2 to the writ petition) whereby the petitioner has been directed to file defence reply to the charge-sheet.

3. Learned counsel for the petitioner has informed that the petitioner has not filed defence reply to the charge sheet nor the departmental enquiry has been conducted as yet.

4. The question for consideration is that as to whether the disciplinary authority may direct for re-enquiry without assigning reasons in writing in view of Section 9 of the U.P. Government Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred to as ‘Rules 1999’).

5. The next question to be considered is as to whether the contention

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