Neutral Citation No. - 2025:AHC:20503 Court No. - 6 Case :- WRIT - A No. - 19884 of 2024 Petitioner :- Udai Narayan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nishant Mishra,Vedika Nath,Yashonidhi Shukla Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned standing counsel for the State- respondents. 2. Case was heard on 5.2.2025 and Court has passed following order; "1. Pursuant to order dated 16.01.2025, learned Standing Counsel has produced instructions, which is taken on record. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 3. Learned counsel for the petitioner submitted that petitioner was placed under suspension vide order dated 05.11.2024, but till date charge sheet has not been served upon him, therefore in light of judgment passed by Apex Court in the matters of Ajay Kumar Chaudhary Vs. Union of India, (2015) 7 SCC and judgment passed by this Court in the matter of Anshu Bharti Vs. State of U.P., (2009) 1 AWC 691, impugned suspension order is bad and liable to be set aside. 4. The instructions dated 25.01.2025 is silent on the aforesaid facts. 5. Learned Standing Counsel prays for and is granted a week's time to seek specific instructions as to whether the charge-sheet has been served upon the petitioner or not. In case, the same is served, he shall produce the copy of the same before this Court on the next date fixed. 6. List this case on 13.02.2025 as fresh." 3. Pursuant to order of this Court dated 5.2.2025, learned standing counsel has produced instruction dated 11.02.2025, which is taken on record. As per instruction, till date, charge sheet has not been served to the petitioner and it is under process. 4. Under such facts of the case, it is undisputed that even after completion of period of three months, charge sheet has not been served to the petitioner. Therefore, in light of judgment of Apex Court in the matter of Ajay Kumar Chaudhary Vs. Union of India, (2015) 7 SCC followed by this Court in the matter of Ram Ratan Vs. The State of U.P. & Others [2019 (3) AWC 2522] and judgment passed by this Court in the matter of Anshu Bharti Vs. State of U.P., (2009) 1 AWC 691, once charge sheet has not been served within 90 days, suspension order can not be continued. 5. Accordingly, suspension order dated 05.11.2024 is hereby quashed and petition is allowed. No order as to costs. 6. However, this order shall not preclude the respondents to complete the departmental proceeding in accordance with law. Further, petitioner is also directed to extend full cooperation in the departmental proceeding. Order Date :- 13.2.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad