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2025 DAILYLAW 136486 (ALL)

SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS

WRIA/4552/2025 · 2025-04-25

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23776 Court No. - 18 Case :- WRIT - A No. - 4552 of 2025 Petitioner :- Shiv Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Aashish Srivastava Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent. 2. Submission of learned counsel for the petitioner is that out of twelve charges half of the charges are relating to the period when he was not posted at that place. He submits that no opportunity of hearing has been given to the petitioner. He further submits that the suspension order has been passed without application of mind. 3. Learned Standing Counsel has opposed the contention and has submitted that there is no provision for giving opportunity of hearing at the time of passing of the suspension order. The charges are serious and are specific and if proved these charges will entail major penalty. 4. Perused the record. 5. On due consideration to the submission advanced by the parties, this Court finds that the contention of the petitioner is misconceived as there is no provision for providing opportunity of hearing prior to passing of suspension order under the U.P. Government Servant (Discipline and Appeal) Rules, 1999. During course of the departmental proceedings, the merits of the matter will be tested as to whether the charges are found proved or not hence, there appears to be no ground to interfere in the impugned suspension order however, the petition is disposed of with a direction to the opposite parties to conclude the disciplinary proceedings within a period of three months from the date of production of a certified copy of this order. Order Date :- 25.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench