SURENDRA KUMAR v. STATE OF U.P. THRU. SECY. HIGH EDUCATION U.P. LKO. AND 4 OTHERS
WRIA/2587/2025 · 2025-03-05
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126710 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13298 Court No. - 5 Case :- WRIT - A No. - 2587 of 2025 Petitioner :- Surendra Kumar Respondent :- State Of U.P. Thru. Secy. High Education U.P. Lko. And 4 Others Counsel for Petitioner :- Sri Niwas Jaiswal Counsel for Respondent :- C.S.C.,Tushar Mittal Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, Sri Tusar Mittal, learned counsel for respondent no.2, and Sri D.K.S. Chauhan, learned counsel, who files Vakalatnama on behalf of the respondent no.3. Under challenge is the suspension order dated 11.09.2024, a copy of which has been filed as Annexure-1 to the petition.
Learned counsel for the petitioner contends that subsequent to passing of the impugned order the respondents have issued a charge sheet to the petitioner dated 27.12.2024 to which he has already submitted a reply. It is contended that the action on the part of the respondents in waiting for a period of more than three months in issuing the charge sheet and now not proceeding further with the inquiry despite the petitioner having submitted his reply is patently malicious and is not sustainable in the eyes of law. After arguing at some length, learned counsel for the petitioner submits that as the petitioner has already submitted his reply to the charge sheet, the respondents may be directed to finalize the inquiry proceedings within a specified time. To this prayer, learned counsel appearing for the respondents have no objection. Accordingly considering the fact that as the petitioner has already been served with the charge sheet dated 27.12.2024 to which reply has also been given consequently the present petition is disposed off with a direction to the respondents to finalize the entire disciplinary proceedings and pass a final order within a period of six weeks from the date of receipt of a certified copy of this order. Needless to mention that the petitioner shall cooperate with the inquiry proceedings. In case the petitioner does not cooperate, the Inquiry Officer would be at liberty to inform the petitioner in writing about his non-cooperation and the period of non-cooperation would be excluded from the aforesaid period.
Order Date :- 5.3.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench