Neutral Citation No. - 2025:AHC-LKO:6826 Court No. - 6 Case :- WRIT - A No. - 1359 of 2025 Petitioner :- Vishesh Kumar Singh Pno No. 840641643 Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Petitioner :- Shrawan Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri S. K. Verma, learned counsel for the petitioner as well as Ms. Deepsikha, learned Chief Standing counsel for the respondents. 2. It has been submitted on behalf of the petitioner that the petitioner was working on the post of Sub Inspector, Civil Police, at Police Station Tikaitnagar, District Barabanki. Disciplinary proceedings were initiated against the petitioner which culminated into passing of the order of punishment on 19th December, 2024 where censure entry was imposed upon the petitioner. The petitioner has superannuated from service on 31.12.2024. It has been submitted that while passing the order of punishment dated 19.12.2024 it was clearly stated that a separate order would be passed with regard to his entitlement of full salary during the period of suspension. 3. The grievances of the petitioner in the present writ petition is the order dated 20.12.2024 whereby it has been ordered that the petitioner was not entitled to any other amount other than the subsistence allowance paid to him during the period of suspension. 4. Learned counsel for the petitioner submits that the said order is illegal and arbitrary in as much as though the authority is empowered to withdraw entire salary but adequate reasons have to be given while passing the said order. He submits that minor penalty was imposed upon the petitioner and he was under suspension from 1.10.2024 to 25.10.2024 and such an order cannot be sustained without providing adequate reasons having nexus to withholding of full salary to the petitioner. 5. Learned Chief Standing counsel, on the other hand, has submitted that the order of punishment clearly indicates that he was guilty of the charges leveled against him but also does not dispute the fact that no reasons has been sated in the impugned order. 6. Considering the rival contentions, this Court is of the considered opinion that undoubtedly separate order has to be passed with regard to withholding of salary due to a government servant for the period he was under suspension, at the conclusion of the disciplinary proceedings, but the authority has to exercise the powers in just, fair and reasonable manner when he proposes to withhold salary of the petitioner for the period he was under suspension. Failure to give any reason for withholding of salary during the period of suspension would be illegal and arbitrary exercise of powers and is liable to be interfered by this Court under Article 226 of the Constitution. 7. Undoubtedly, there is no dispute that it is reason which discloses the mind of an authority and in absence of reasons it cannot be determined whether the power exercised by him was within the contours and parameters of the discretionary exercise of the powers by him and accordingly failure to give reasons is a reason sufficient in itself for setting aside such an order. Accordingly, order dated 20.12.2024, as contained in Annexure No.1 to the writ petition, is set aside. 8. The mater is remitted back to opposite party No.2 to pass a fresh order in accordance with law, expeditiously, say within a period of four weeks from the date a certified copy of this order is placed before him. 9. With aforesaid direction, the petition stands allowed. (Alok Mathur, J.) Order Date :- 31.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench