BANSI LAL v. STATE OF U.P. THRU. PRIN. SECY. P.W.D. U.P. LKO. AND 3 OTHERS
WRIA/2176/2025 · 2025-02-21
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124871 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11266 Court No. - 6 Case :- WRIT - A No. - 2176 of 2025 Petitioner :- Bansi Lal Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. U.P. Lko. And 3 Others Counsel for Petitioner :- Kaushlendra Tewari,Prateek Pal Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Kaushlendra Tewari, learned counsel for the petitioner as well as learned Standing counsel for the respondents. 2. It has been submitted on behalf of the petitioner that the petitioner was working on the post of work agent on work charge basis since 2nd April, 2001 in Provincial Division, Public Works Department, Hardoi and on the basis of certain complaints received against the petitioner disciplinary proceedings have been initiated by the respondents. The petitioner has been placed under suspension since 30.8.2024 and charge sheet has been issued on 3.12.2024. The petitioner confines his relief in the present writ petition for a direction to the respondents to pay subsistence allowance to the petitioner which has not been paid to him since the initiation of the disciplinary proceedings. 3. Learned Standing counsel, on the other hand, has opposed the writ petition stating that the charges against the petitioner are extremely serious and pertain to obtaining employment fraudulently. 4. Considering the rival contentions, it is noticed that even if the allegations pertain to obtaining the employment fraudulently, the petitioner is purportedly in service of the respondents and till such time appropriate orders are passed by the disciplinary authority as a result of the inquiry proceedings and considering the fact that the respondents have proceeded in accordance with law and initiated disciplinary proceedings against the petitioner, he shall be entitled to payment of subsistence allowance during pendency of the inquiry proceeding and the State cannot be absolved of its liability to pay subsistence allowance. 5. Accordingly, the respondents are directed to pay subsistence allowance along with arrears as and when it became admissible to the petitioner, expeditiously but not later than two weeks from the date of production of a certified copy of this order, in
accordance with law. 6. Needless to say that the opposite parties shall proceed with the inquiry and conclude the same expeditiously in accordance with law subject to cooperation of the petitioner. 7. With aforesaid direction, the petition stands disposed of. (Alok Mathur, J.) Order Date :- 21.2.2025 RKM.
Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench