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2025 DAILYLAW 137871 (ALL)

MOHAMMAD TAUFEEQUE (PNO NO. 060453075) v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

WRIA/3638/2024 · 2025-02-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7952 Court No. - 18 Case :- WRIT - A No. - 3638 of 2024 Petitioner :- Mohammad Taufeeque (Pno No. 060453075) 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 24.06.2023 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 on certain charges. (b) To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned chargesheet dated 31.07.2023 issued by the Assistant Police Commissioner / Presiding Officer, Hazratganj, Police Commissionerate, Lucknow opposite party no.4 contained in annexure no.2 to the writ petition, which has not been issued either by the Deputy Commissioner of Police (appointing authority) nor it has been approved by him which is mandatory under appendix-I of '1991 Rules'. (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 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 to pay the entire arrears of salary and allowances of period of suspension on the post of Constable Driver in which petitioner remains under suspension i.e. from 24.06.2023 upto the date of reinstatement in service. 2. The contention of learned counsel for the petitioner is that by order dated 24.06.2023 the petitioner was placed under suspension. Chargesheet has been served upon the petitioner on 31.07.2023, to which reply has been filed by the petitioner on 21.08.2023. 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