HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 18644 of 2024 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Instruction placed today are taken on record. Copy of which is also supplied to learned counsel for the petitioner. 2. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Sri Sandeep Singh, learned brief holder for the State-respondents. 3. By means of this petition filed under Article 226 of Constitution of India, petitioner has questioned the order of suspension dated 10.11.2024 on the ground that no enquiry has been instituted against the petitioner by serving the chargesheet and hence petitioner could not have been continued under prolonged suspension. 4. From the instruction it clearly transpires that a chargesheet was issued on 30.12.2024 and was sent by the Registered Post to the petitioner on 30.12.2024 itself and again it was sent on 08.01.2025 but upon no reply being filed, the chargesheet was also got to be served at his residence by special messenger on 23.01.2025 but his mother who was available at the residence refused to take the same and hence again Versus Counsel for Petitioner(s) : Ashish Kumar Gupta, Prabhakar Awasthi Counsel for Respondent(s) : C.S.C. Param Hans Gupta .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) chargesheet was sent by Registered Post on 03.02.2025 and 11.02.2025. 5. In the given facts and circumstances, in my view when the chargesheet has been duly issued by the competent authority on 30.12.2024, there is no justification to interfere with the order of suspension. Now since the complete instructions containing chargesheet has been supplied to learned counsel for the petitioner, it would be taken as service of chargesheet upon the petitioner and petitioner shall have opportunity to furnish reply to the same within four weeks from today. 6. In view of the above, this petition stands disposed of with following directions: (a). Petitioner shall be submitting reply within four weeks' time. (b). If petitioner submits reply as directed hereinabove, the departmental inquiry shall be brought to its logical end in the next six weeks' time after due participation and cooperation of the petitioner in the departmental inquiry. (c). After the departmental inquiry is concluded as directed hereinabove, the disciplinary authority shall proceed to pass final order in the matter in full compliance of the principles of natural justice within the next six weeks' time. (d). Petitioner shall be cooperating in the inquiry throughout right from the submission of the reply to the chargesheet until the disciplinary proceeding is concluded. However, in the event petitioner does WRIA No. 18644 of 2024 2 not render due support and cooperation in the inquiry, it will remain open for the Inquiry Officer to proceed with inquiry in accordance with law and submit the report before the disciplinary authority, who shall thereafter proceed strictly in accordance with law. (e). Throughout the period petitioner is kept under suspension he shall be continuously reporting in his school and shall be signing the attendance register, which will be provided by the District Inspector of Schools within 3 days from today. (f). Petitioner shall continuously be paid his subsistence allowance if he continues to report in the respondent-establishment where he has been working. 7. It is provided that in the event disciplinary authority fails to conclude the disciplinary proceedings with the time prescribed for hereinabove, the order of suspension dated 10.11.2024 shall stand revoked. Petitioner shall be entitled to reinstatement in service and shall be paid salary. September 15, 2025 Deepika WRIA No. 18644 of 2024 3 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad