RAM CHANDRA PRAJAPATI (PNO NO. 920600319) v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
WRIA/3705/2024 · 2025-02-07
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137813 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137813 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7953 Court No. - 18 Case :- WRIT - A No. - 3705 of 2024 Petitioner :- Ram Chandra Prajapati (Pno No. 920600319) Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Rajendra Prasad Shukla,Pallavi Dubey,Saloni Jaiswal Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. This petition has been filed for the following reliefs:-
"(a) To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order of suspension dated 16.03.2023 passed by the Deputy Commissioner of Police, head quarter, Police Commissionerate, Lucknow, opposite party no.3 contained in annexure no.1 to the writ petition whereby the petitioner has been placed under suspension under Rule 17(1)(a) of U.P. Police Officers Subordiante Rank (Punishment & Appeal) Rules, 1991 in contemplation of an inquiry. (b) To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned chargesheet dated 27.02.2024 issued by the Assistant Police Commissioner / Presiding Officer, Mohanlalganj, Police Commissionerate, Lucknow, opposite party no.4 contained in annexure no.2 to the writ petition. (c) To issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to immediately reinstate the petitioner in service on the post of Head Constable Driver and to pay the salary and allowances on the said post which falls due per month. (d) To issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties not to proceed with the departmental inquiry in pursuance of the defective chargesheet dated 27.02.2024 issued by the Assistant Police Commissioner / Presiding Officer.
2. The contention of learned counsel for the petitioner is that by
order dated 16.03.2023 the petitioner was placed under suspension. Chargesheet has been served upon the petitioner on 27.02.2024, to which reply has been filed by the petitioner on
11.03.2024. In his objection, the petitioner has taken specific
plea as stated by learned counsel for the petitioner that chargesheet has been issued by an authority which has no jurisdiction or competence. It has been further submitted that since then the proceedings are pending and the petitioner is continuing under suspension.
3. Learned Standing Counsel submitted that no useful purpose will be served in keeping this petition pending and let a direction be issued to the disciplinary authority to conclude the proceedings.
4. In view of the same, the writ petition is disposed of with a direction to the respondent no.3 to conclude the disciplinary proceeding which has commenced in the year 2023 expeditiously, preferably within a period of four months. The petitioner will have liberty to raise all the pleas including of jurisdiction to issue chargesheet before the respondent no.3. In case, pleas are raised, the same shall be considered and decided by a speaking and reasoned order after hearing of all the parties. [Manish Kumar Nigam,J.]
Order Date :- 7.2.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench