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2025 DAILYLAW 113360 (ALL)

ANIL KUMAR SHUKLA v. STATE OF U.P. AND 3 OTHERS

WRIA/20914/2024 · 2025-03-16

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37392 Court No. - 4 Case :- WRIT - A No. - 20914 of 2024 Petitioner :- Anil Kumar Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshul Kumar Gupta,Indra Jit Singh,Om Prakash Singh (Senior Adv.) Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri O.P. Singh, learned Senior Advocate assisted by Shri Indra Jit Singh, learned Counsel for petitioner and learned Standing Counsel. 2. Petitioner is aggrieved by the order of suspension on the ground that charges are flimsy and not substantiated by cogent evidence. 3. However, from the perusal of suspension order it transpires that the order of suspension was passed in contemplation of enquiry and charge sheet was directed to be prepared and served with the approval of the competent authroity. 4. In such above view of the matter, I decline to grant indulgence in the matter, at this stage, however, it is provided that in the event charge sheet has not been served, the same shall be served within a period of three weeks from today. Petitioner shall be submitting his reply within a period of two weeks thereafter. The entire disciplinary proceeding shall be brought to its logical end within a further period of two months in strict compliance of principles of natural justice. Petitioner shall also be given due participation in the departmental enquiry. Petitioner shall also be paid subsistence allowance without any break and if any arrear is due, the same shall be cleared within the next 30 days of the presentation of certified copy of this order. 5. However, it is clarified that in the event the disciplinary proceeding is not brought to its logical end despite cooperation rendered by petitioner, the order of suspension dated 05.12.2024 shall stand revoked. Order Date :- 17.3.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad