Neutral Citation No. - 2025:AHC:23822 Court No. - 10 Case :- WRIT - A No. - 914 of 2025 Petitioner :- Anil Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Niraj Kumar Dwivedi,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Shyam Shankar Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prabhakar Awasthi, learned counsel for petitioner, Sri Dinesh Kumar Singh, learned Additional C.S.C. for State and Sri R.K. Ojha, learned Senior Advocate assisted by Sri S.S. Mishra, learned counsel for respondents. 2. In present case, few facts are not disputed that petitioner was put under suspension on 29.01.2023 on certain allegations of embezzlement. Meanwhile, an F.I.R. was lodged against petitioner and he remained in jail from 18.03.2023 to 25.01.2024. 3. Learned counsel for petitioner submits that during this period, when petitioner was in jail, an inquiry was concluded de-hors to relevant provisions and a proposal of termination of service was also send subsequently before D.I.O.S. for approval. 4. Learned counsel further submits that once suspension order dated 29.01.2023 was not approved within 60 days, it would be deemed to be in-operative and later on, D.I.O.S. has taken a similar view in the order dated 18.06.2024 with a direction to grant subsistence allowance which was still not paid. 5. Learned counsel further submits that on same day, a notice was issued to petitioner to present his case for consideration of proposal sent by Committee of Management for termination. 6. Essentially, initial argument is that there are contrary views on behalf of D.I.O.S. as well as neither suspension was approved nor his termination was approved still he was not paid subsistence allowance nor he was allowed to join services again. 7. Learned Senior Advocate appearing for Committee of Management-respondents submits that all arguments could still be submitted before D.I.O.S. since the matter is in regard to consideration of proposal of termination is still under consideration. He further submits that a charge sheet has been filed against petitioner and criminal proceedings are going on. 8. Learned Additional C.S.C. has supported above referred arguments of learned Senior Advocate. 9. Considering aforesaid submissions of rival parties as well as taking note that all arguments of petitioner could be raised before D.I.O.S. concerned where matter is still seized with, therefore, this writ petition is disposed of with following directions/observations :- (i) The rival parties will file their reply within 2 weeks thereafter; (ii) The D.I.O.S. will pass a reasoned order on proposal for termination within 4 weeks thereafter; (iii) In case said order is not passed within 4 weeks from today, the issue for subsistence allowance shall be decided within 3 weeks thereafter. (iv) So far as question of 'no work no pay' is concerned, it will be subject to outcome of aforesaid directions. Order Date :- 19.2.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad