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2025 DAILYLAW 100800 (ALL)

KULDEEP SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/14627/2025 · 2025-09-24

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14627 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Nanhe Lal Tripathi, learned counsel for petitioner and Sri B.M. Shukla, learned Standing Counsel for State-Respondents. 2. Petitioner, a Cadre Secretary, was put under suspension vide order dated 29.08.2025 passed by concerned respondent on ground that he was found under the influence of liquor during working hours. 3. Learned counsel for petitioner by referring the averments made in writ petition submits that aforesaid allegation was not based on any medical report or complaint whatsoever and till date no charge sheet has been submitted. 4. Learned Standing Counsel has supported the impugned order and submits that matter is at initial stage and petitioner will have a liberty to place his case before Inquiry Officer. Though at this stage, on limited instructions, learned Standing Counsel submits that in case no charge sheet is still served, it will be served within a short period. 5. Petitioner was put under suspension on 29.08.2025, i.e., about four weeks ago. Therefore, at this stage, to enter into disputed fact about allegations, under writ jurisdiction would not be appropriate since petitioner has liberty to place his case before Inquiry Officer. However, Court takes note that till date no Inquiry Officer is appointed. Therefore, if no Inquiry Officer is appointed and charge sheet is not submitted within ten days from today, Versus Counsel for Petitioner(s) : Nanhe Lal Tripathi Counsel for Respondent(s) : C.S.C. Kuldeep Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) impugned suspension order dated 29.08.2025 shall be considered to be kept in abeyance. 6. In the event, charge sheet is submitted within aforesaid period and disciplinary proceeding is not completed with cooperation of petitioner within six weeks thereafter, then also the impugned suspension order shall be kept in abeyance, subject to outcome of proceedings. 7. With aforesaid observations/ directions, this writ petition is disposed of. September 25, 2025 AK WRIA No. 14627 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad