High CourtsDivision Bench(1996) 12 AHC CK 0035

S.A.A. Zaidi vs Aligarh Muslim University and Others

Allahabad High Court · Decided on 3 December 1996 · Citation: (1997) 1 UPLBEC 228

HON’BLE JUDGES
M. Katju, J · B.S. Chauhan, J
CASE NUMBER
Civil Miscellaneous Writ Petition No. 29367 of 1996

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Judgment

3 paragraphs · 185 words

M. Katju and B.S. Chauhan, JJ.—Heard Dr. R. G. Padia learned counsel for the petitioner and Sri Dilip Gupta learned counsel for the respondent.

2.

On the facts of the case, we direct that the enquiry against the petitioner be completed within three months from the date of product on of certified copy of this order before the concerned authority The petitioner will, co-operate in enquiry. The enquiry officer will submit his report within two weeks thereafter to the disciplinary authority who will pass on order there an within two weeks thereafter.

3.

Dr. R. G. Padia learned counsel for the petitioner wanted to contend that the suspension order is illegal. It is not necessary for us to consider this contention since the charge sheet has been served on the petitioner and the enquiry is in progress. It is settled law that writ jurisdiction is discretionary jurisdiction and even if the impugned order is illegal we are not bound to interfere under Article 226 of the Constitution, particularly in such a case where the enquiry is in progress. Petition finally disposed of with these observations.