SANTOSH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. COOPERATIVE LKO. AND 3 OTHERS
WRIA/3304/2025 · 2025-03-27
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130344 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17614 Court No. - 3 Case :- WRIT - A No. - 3304 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Cooperative Lko. And 3 Others Counsel for Petitioner :- Manmohan Singh,Sandeep Kumar Ojha Counsel for Respondent :- C.S.C.,Shireesh Kumar Hon'ble Rajesh Singh Chauhan,J. Heard Sri Manmohan Singh, learned counsel for the petitioner and Sri P.K. Singh, learned Additional Chief Standing Counsel for the opposite party no. 1 and Sri Anindya Shastri, Advocate who has filed vakalatnama on behalf of oposite party nos. 2 and 3 and the same is taken on record. In view of the proposed order, the notice to opposite party no. 4 is hereby dispensed with. The order under challenge is the suspension order dated 15.11.2021 passed by the opposite party no. 3. The main ground to assail the suspension order is that this is a case of prolonged suspension which has been disapproved by the Apex Court in a catina of cases. Learned counsel for the opposite party no. 2 and 3 has stated that the petitioner was in judicial custody till 16th January 2025, and after releasing from jail, he preferred a representation to the competent authority. Charge-sheet has already been given to the petitioner on 7th February 2024, but on account of his incarceration in jail, the departmental enquiry could not be conducted and concluded. However, the petitioner has been released from jail, therefore, the departmental enquiry may be conducted and concluded with expedition subject to proper corporation of the petitioner. Therefore, without entering into the merits of the issue, I hereby dispose of this petition, finally at the admission stage, giving liberty to the petitioner to submit his defence reply to the chargesheet within a period of 15 days. If the petitioner is requiring the copy of any relevant document, he may ask for the same and such document, if any, may be provided to the petitioner, expeditiously. After submitting the defence reply to the chargesheet, the departmental enquiry would be conducted and concluded strictly in accordance with law by affording opportunity of hearing to the petitioner subject to his proper
corporation, preferably, within a period of 10 weeks.
Thereafter, the copy of the enquiry report shall be submitted before the disciplinary authority and the disciplinary authority shall pass final order by affording an opportunity of hearing to the petitioner, providing him copy of the enquiry report, if any. It is made clear that if after submitting the defence reply to the chargesheet, the departmental in enquiry is not concluded within a period of 10 weeks, the suspension order dated 15.11.2021 shall be revoked, but the departmental enquiry may go on and final order may be passed strictly in accordance with law. In view of the aforesaid terms, the writ petition is disposed of finally. Order Date :- 27.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench