Neutral Citation No. - 2025:AHC:16112 Court No. - 5 Case :- WRIT - A No. - 19534 of 2024 Petitioner :- Ajai Kumar Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Pradip Kumar Srivastava Counsel for Respondent :- Anuj Pratap Singh,C.S.C. Hon'ble Ajay Bhanot,J. Heard Shri Pradip Kumar Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1-State and Shri J.N. Maurya, learned counsel for the respondents No.2 and 3. The petitioner is aggrieved by the suspension orders dated 01.10.2024 and 04.10.2024 passed by the respondent No.2 and respondent No.3. A perusal of the suspension order discloses that the departmental enquiry is contemplated against the petitioner for misconduct stated in the impugned order. Shri J.N. Maurya, learned counsel for the respondents No.2 and 3 submits that the charge-sheet has been drawn up and served upon the petitioner. The enquiry is on foot. In case the misconduct is established by the departmental enquiry as per applicable standards of evidence, the same may warrant a major penalty. This is without prejudice to the defence of the petitioner. The judgement of the Supreme Court in Ajay Kumar Choudhary v. Union of India through its Secretary and another reported at 2015 (7) SCC 291 relied upon by the petitioner in fact supports the case of the respondent-authority. Paragraph 15 of the said judgement states thus: "15. So far as the facts of the present case are concerned, the Appellant has now been served with a Chargesheet, and, therefore, these directions may not be relevant to him any longer. However, if the Appellant is so advised he may challenge his continued suspension in any manner known to law, and this action of the Respondents will be subject to judicial review." The respondent-authority has drawn up a charge-sheet against the petitioner without undue delay to conclude the enquiry proceedings. The petitioner cannot have it both ways, on the one hand he seeks to challenge the suspension order and on the other hand he is not cooperating in the departmental enquiry. There is no cause for interference in the chargesheet. The writ petition is dismissed. However, the enquiry shall be concluded by the enquiry officer on a day to day basis within a period of four weeks from the date of receipt of a certified copy of this order. The petitioner shall cooperate in the enquiry proceedings. In case the petitioner does not cooperate in the enquiry proceedings or adopt dilatory tactics, the enquiry officer shall record a finding to this effect and proceed in accordance with law. Order Date :- 5.2.2025/Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad