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2025 DAILYLAW 123872 (ALL)

SHIVMURAT SINGH KUSHWAHA v. STATE OF U.P. THRU. ITS PRIN. SECY./ADDL. CHIEF SECY. DEPTT. OF REVENUE, LUCKNOW AND ANOTHER

WRIA/1294/2024 · 2025-08-22

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49453 Court No. - 8 Case :- WRIT - A No. - 1294 of 2024 Petitioner :- Shivmurat Singh Kushwaha Respondent :- State Of U.P. Thru. Its Prin. Secy./Addl. Chief Secy. Deptt. Of Revenue, Lucknow And Another Counsel for Petitioner :- Amrendra Nath Tripathi,Chandra Kant Rai,Sajjad Husain Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed challenging order dated 24.01.2024 whereby petitioner has been placed under suspension in contemplation of departmental inquiry. 3. It has been submitted that petitioner has now been kept under suspension for more than one and half years and has therefore placed reliance on judgment rendered by Hon'ble Supreme Court in the case of Ajay Kumar Chaudhary versus Union of India & Ors. reported in (2015) 7 SCC 291 to submit that delinquent employee cannot be kept interminably under suspension pending departmental proceedings. 4. Learned State counsel has been provided written instructions dated 19.08.2025, a copy of which is taken on record and as per which inquiry report dated 26.10.2024 had been submitted whereafter the matter was remitted by disciplinary authority for inquiry afresh and the fresh inquiry report dated 28.07.2025 has been submitted whereafter a show cause notice has been issued to petitioner dated 18.08.2024 to which reply has not yet been filed. 5. In view of such facts and circumstances, it is noticed that although suspension order has been passed way back in January, 2024 but due to unavoidable circumstances, the enquiry could not be concluded expeditiously. Now the inquiry report has already been submitted on 28.07.2024 in pursuance of which the show cause notice has also been issued on 18.08.2025. 6. In view thereof, petitioner is granted two weeks' time from today to file response to the show cause notice. 7. Disciplinary authority thereafter is directed to pass final appropriate orders considering reply submitted by petitioner within a period of four weeks from the last date petitioner is required to submit his reply to the show cause notice. 8. Considering the fact that petitioner has been under suspension for more than one and half years and in view of judgement of Supreme Court in Ajay Kumar Chaudhary (supra), it is directed that in case final order has not passed within the time frame prescribed, impugned suspension order dated 24.01.2024 shall stand automatically revoked. 9. With the aforesaid directions, petition stands disposed of. Order Date :- 22.8.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench