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2025 DAILYLAW 105414 (ALL)

MAHESH CHANDRA PANDEY v. State of U.P. AND 3 OTHERS

WRIA/16677/2024 · 2025-04-03

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47832 Court No. - 4 Case :- WRIT - A No. - 16677 of 2024 Petitioner :- Mahesh Chandra Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhil Tripathi,Santosh Pathak Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for parties. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the suspension order dated 06.09.2024. 3. It is submitted that even though petitioner has already submitted reply to the charge sheet dated 19.09.2024 on 03.01.2025 but till date disciplinary proceedings have not been concluded and the petitioner is continued under suspension for his utter harassment. 4. In the given facts and circumstances, when petitioner has already submitted his reply to the chargesheet and disciplinary proceedings are already underway, I decline to grant indulgence in the matter of suspension at this stage. However, the petitioner cannot, of course, be kept under suspension for indefinite period and accordingly this petition stands disposed of with a direction to the respondent No. 1 to conclude the entire disciplinary proceedings, strictly in accordance with the procedure prescribed and in consonance with the principles of natural justice within a period of three months from production of certified copy of this order. 5. Petitioner shall continue to receive subsistence allowance and shall be cooperating in the disciplinary proceedings. It is however further provided that in the event disciplinary proceedings are not concluded as directed hereinabove, within the stipulated period of time despite due cooperation rendered by the petitioner, the order of suspension dated 06.09.2024 shall stand revoked and petitioner shall be entitled to reinstatement and payment of salary. Order Date :- 4.4.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad