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2025 DAILYLAW 129497 (ALL)

VED PRAKASH @ VED PRAKASH SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. LKO. AND ANOTHER

WRIA/3142/2025 · 2025-03-26

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17379 Court No. - 3 Case :- WRIT - A No. - 3142 of 2025 Petitioner :- Ved Prakash @ Ved Prakash Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko. And Another Counsel for Petitioner :- Amrendra Nath Tripathi,Jyoti Shukla,Minakshi Chowdhury Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Prashant Kumar Singh, learned counsel for opposite party no. 4. 2. The order under challenge is the suspension order dated 20.2.2025 passed by the District Basic Education Officer, Hardoi (Annexure no. 1). 3. At the very outset Sri Prashant Kumar Singh has submitted that the charge-sheet has been prepared on 6.3.2025 but petitioner did not receive the same, therefore, the said charge- sheet has been sent to the petitioner on his address on 18.3.2025. The photo copy of the aforesaid charge-sheet has been supplied to the learned counsel for the petitioner. 4. Since the charge-sheet has been issued to the petitioner, therefore, the petitioner may submit his defense reply to the charge-sheet, if he has been provided relied upon documents of the charge-sheet. In case the relied upon documents / copy of relevant document have not been provided to the petitioner he may ask those documents and those documents would be supplied to the petitioner without any delay. In case the petitioner submits his defense reply to the charge-sheet, the departmental inquiry would be conducted and concluded within a period of two months from the date of receipt of defense reply to the charge-sheet. The departmental inquiry would be conducted and concluded strictly in accordance with law by affording an opportunity of hearing to the petitioner. Thereafter the disciplinary authority may take final decision in the issue in question after seeking explanation from the petitioner and supplying him the copy of the inquiry report within a period of one month and decision thereof shall be intimated to the petitioner. 5. It is made clear that if after receipt of the defense reply to the charge-sheet the departmental inquiry is not concluded within a period of two months, subject to proper cooperation of the petitioner in the departmental inquiry, the suspension order dated 20.2.2025 shall be revoked, however, the departmental inquiry may go on and final decision, if any may be taken in the case. 6. In view of above, writ petition is disposed of. . [Rajesh Singh Chauhan, J.] Order Date :- 26.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench