WRIT - A No. 2281 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:49768 Court No. - 4 Case :- WRIT - A No. - 2281 of 2025 Petitioner :- Mani Ram Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjeev Singh,Satish Kumar Sahu Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Sanjeev Singh, learned counsel for the petitioner and learned Standing Counsel. By means of present petition filed under Article 226 of the Constitution, petitioner has assailed the order of dismissal from service dated 10th January, 2025 on the ground that enquiry report itself was vitiated because enquiry officer himself made recommendation of the propose punishment. It is argued that settled proposition of law that enquiry officer is only to hold enquiry and indict the delinquent employee and it is always left for the disciplinary authority to proceed on the basis of fact finding enquiry report, thus enquiry officer has no business to propose punishment. Learned Counsel for the petitioner has placed reliance upon a division bench judgment in the case of case of Mohd. Haneef Khan v. State of U.P. through Principal Secretary Home in Service Bench No. 314 of 2010 decided on 3.4.2017 in which the Court has relied