JANGI LAL DOHRE v. U.P. CO-OPERATIVE FEDERATION LTD. THRU. ITS MANAGING DIRECTOR LKO. AND ANOTHER
WRIA/4460/2025 · 2025-04-24
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135951 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23641 Court No. - 3 Case :- WRIT - A No. - 4460 of 2025 Petitioner :- Jangi Lal Dohre Respondent :- U.P. Co-Operative Federation Ltd. Thru. Its Managing Director Lko. And Another Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- Sunil Sharma Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Shishir Chandra, learned counsel for the petitioner and Sri Birendra Prasad Singh, learned counsel who has filed Vakalatnama on behalf of the opposite parties. The same is taken on record. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction or writ in the nature of certiorari to quash the impugned order bearing No.PCF/Prasha/2024-25/589; dated 15.05.2024 (as contained in Annexure No.1) passed by Respondent No.2; whereby the petitioner has been placed under suspension; in an utterly illegal & arbitrary manner. (ii) to issue a writ, order or direction or writ in the nature of mandamus commanding the respondents to reinstate the petitioner back in service with all consequential benefits; forthwith; and; to allow him to work without any interference."
3. Sri Shishir Chandra has precisely submitted that the petitioner has been placed under suspension on 15.05.2024 pending the departmental inquiry and that departmental inquiry has already been concluded as the inquiry report has been forwarded on 05.12.2024. Thereafter, the show cause notice was issued against the petitioner on 18.12.2024. The petitioner submitted his explanation / reply to the show cause notice on
27.12.2024. About four months period have passed but the Disciplinary Authority has not taken any decision on the inquiry report dated 27.12.2024 and the petitioner is still under suspension. 4. Sri Chandra has submitted that on account of the aforesaid reasons the petitioner has been suffering irreparable loss and injury. 5. On being asked from learned counsel for the opposite parties as to why no final decision has been taken by the Disciplinary
Authority on the explanation/ reply submitted by the petitioner on 27.12.2024, he has submitted that he has no instructions on that point but any direction may be issued to the Competent Authority to take expeditious decision in the matter. 6.
Having considered the submissions of learned counsel for the parties and having perused the material available on record, since the Competent Authority is to take final decision on the explanation/ reply of the petitioner dated 27.12.2024, therefore, one month time and no more is given to the Disciplinary Authority to take final decision in the matter. To be more precise, such final decision may be taken on or before 23.05.2025, failing which, the impugned suspension order dated 15.05.2024 shall stand revoked and the petitioner shall be permitted to discharge his duties and shall be paid his regular salary etc. 7. Before parting with, it is observed that the Disciplinary Authority should not take this much time i.e. about four months time to take final decision on the explanation/ reply of the petitioner. Therefore, such inaction of the Disciplinary Authority is not appreciated. 8. In view of the aforesaid observations and directions, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 24.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench