Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 105545 (ALL)

UDAY RAJ v. STATE OF U.P. AND 4 OTHERS

WRIA/16763/2024 · 2025-03-10

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 4 Case :- WRIT - A No. - 16763 of 2024 Petitioner :- Uday Raj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Indresh Chandra,Kushmondeya Shahi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Instructions obtained by learned Standing Counsel for the State are taken on record today. 2. From the preliminary fact finding enquiry report that has been placed before the Court, it transpires that some serious irregularities were reported in the matter of public money involved in various projects. 3. It has come to be recorded in the finding part of the preliminary fact finding enquiry report that during the period while Uday Raj was posted there, certain cheques were issued in connection with certain fraudulent files prepared ensuring payment of award. 4. Sri Shahi, learned counsel for the petitioner submitted that in the suspension order there is no reference to Tehsil Madiyaun where the petitioner was posted. 5. Be that as it may, since now I find that preliminary fact finding enquiry report indicts prima facie the petitioner of charge in the nature of misappropriation of public money by way of disbursement on fraudulent files, it requires a detailed departmental enquiry. However the petitioner having been suspended on 10.10.2024 cannot be continued to be in suspension awaiting chargesheet. 6. In the circumstances, this petition stands disposed of at this stage with the direction that the chargesheet, if any, in connection with the the charges based upon preliminary fact finding enquiry report dated 07.09.2024 shall be issued to the petitioner within a maximum period of two weeks from today, detailed reply to which shall be submitted within next two weeks' time. Soon after the petitioner submits reply to the chargesheet the departmental enquiry shall be concluded within a month thereafter giving due opportunity of hearing to the petitioner. After the departmental enquiry is concluded, the disciplinary proceeding shall be concluded within a further period of one month. 7. It is further provided the petitioner shall be cooperating in the entire disciplinary proceedings and shall be paid his subsistence allowance month to month as and when it falls due including arrears, if any. It is however clarified that in the event, any of the directions issued are not followed either in the matter of chargesheet, departmental enquiry or disciplinary proceedings despite due cooperation of the petitioner, the suspension order dated 10.10.2024 shall stand revoked. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 11.3.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad