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2025 DAILYLAW 109684 (ALL)

BALENDU TIWARI v. State of UP AND 4 OTHERS

WRIA/19246/2024 · 2025-04-21

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60861 Court No. - 4 Case :- WRIT - A No. - 19246 of 2024 Petitioner :- Balendu Tiwari Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Atipriya Gautam,Saundraya Giri,Shubhendu Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties. By means of present petition filed under Article 226 of the Constitution, petitioner has assailed the order of suspension dated 6.11.2024. Learned Standing Counsel has obtained instructions in the matter and placed the same before this Court, which are taken on record and copy of which is also supplied to the learned counsel for the petitioner. As per instructions, petitioner has served with the chargesheet dated 11.12.2024, however, petitioner has not submitted any reply till date. Having considered the pleadings raised in this petition and perused the order of suspension and the instruction placed before this Court, I find it more appropriate to expedite the disciplinary proceeding instead of interfering in the order of suspension, however, petitioner of course cannot be continued under suspension for delayed departmental proceedings. Accordingly, this petition stands disposed of with direction to the concerned competent authority, namely disciplinary authority in the matter to conclude disciplinary proceeding pursuant to chargehseet issued to the petitioner within a maximum period of three months from the date of presentation of certified copy of this order and petitioner shall be given subsistence allowance continuously month by month.Petitioner shall also cooperate in disciplinary proceeding. However, it is clarified that if despite due cooperation rendered by the petitioner disciplinary proceeding is not concluded within the prescribed time provided by this Court, the order of suspension dated 6.11.2024 shall stand revoked and petitioner shall be entitled to be reinstated with salary. Order Date :- 22.4.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad