Point of Law; court has the inherent jurisdiction to grant an extension of time, the original stipulation of time having been fixed by the court itself

JUDGMENT :

1. Heard Sri Ashok Shukla, learned counsel for the petitioner and Sri Ram Ratan, learned counsel for the respondents.

2. By means of first writ petition i.e. Service Single No. 11867 of 2020, the petitioner has prayed following reliefs :-

"(i) issue a writ, order or direction in the nature of mandamus commanding the Uttar Pradesh Uttar Pradesh State Bridge Corporation, the Respondent No. 1 and its Managing Director, the Respondent No.2 to grant the promotion, with all consequential benefits, to the Petitioner with effect from 08.03.2019, the date on which the promotion was granted to his juniors on the post of Assistant Engineer (Civil).

(ii) issue a writ, order or direction in the nature of mandamus commanding the Uttar Pradesh State Bridge Corporation, the Respondent No. l and its Managing Director, the respondent no.2 to allow the benefit of 1st and 2nd ACP w.e.f. 2008 and 2014 respectively and consequently re-fix the pay of the petitioner and arrears of salary accrued as such be also paid with interest @ 18% per annum thereupon from due upto the date of actual payment.

(iii) issue a writ, order or direction in the nature of certiorari quashing the Enquiry Report dated 27.02.2020, show-cause notice dated 13.03.2020 and Charge-sheet dated 09.10.2015 contained as Annexure Nos. 1, 2 and 3 respectively to the writ petition.

(iv) issue a writ, order or direction in the nature of mandamus commanding the Managing Director, the respondent no.2 not to proceed against the petitioner on the basis of Enquiry Report dated 27.02.2020, show-cause notice dated 13.03.2020 and Charge-sheet dated 09.10.2015."

3. By means of second writ petition i.e. Service Single No. 12047 of 2021, the following prayers have been made :-

“(i) issue an order, direction or writ in the nature of certiorari quashing the impugned punishment order dated 02.06.2021 as contained in Annexure No.1 to the writ petition with all consequential benefits.

(ii) issue an order, direction or writ in the nature of mandamus commanding the opposite parties not to implement the impugned punishment order dated 02.06.2021 as contained in Annexure No.1 to the writ petition.”

4. Since both the writ petitions are of the same petitioner and issues are interrelated, therefore, with the consent of respective parties I hereby dispose of both the writ petitions by this common judgment.

5. The questions to be considered in both the writ petitions are that as to whether the departmental enquiry can be conducted and concluded beyond the period so stipulated by the Court without taking leave in view of the decision of Full Bench of this Court in re:-Abhishek Prabhakar Awasthi vs. New India Assurance Company Limited and Others [reported in 2014 (6) ADJ 641]. Secondly, as to whether if any punishment order is awarded pursuant to the departmental enquiry so conducted and concluded beyond the period so stipulated by the Court without taking leave can be sustained in the eyes of law.

6. The brief facts of the case are that the petitioner was appointed on the post of Junior Engineer (Civil) in the U.P. State Bridge Corporation Ltd.

7. The disciplinary proceedings for the alleged shortcoming in the Central Store (Civil) at Bridge Construction Unit, Saidpur was instituted against the petitioner and a charge-sheet dated 09.10.2015 was issued and served upon the petitioner to which he has submitted reply on 31.10.2015 denying the charges levelled against him annexing therewith documentary evidence.

8. On 20.03.2016, the Presenting Officer has submitted the departmental comments on the reply of the petitioner dated 31.10.2015 to the Enquiry Officer. Thereafter, the Enquiry Officer has fixed a date for personal hearing on 23.04.2016 and submitted enquiry report on 09.11.2016.

9. Thereafter, on 30.11.2016 the disciplinary authority-respondent no.2 has issued show-cause notice to the petitioner annexing therewith the copy of the enquiry report dated 09.11.2016 reply thereof has been submitted by th