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2025 DAILYLAW 138091 (ALL)

CHINTA PRASAD v. LKO. DEVELOPMENT AUTHORITY LUCKNOW THRU. SECY. AND ANOTHER

WRIA/4890/2025 · 2025-05-07

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26769 Court No. - 3 Case :- WRIT - A No. - 4890 of 2025 Petitioner :- Chinta Prasad Respondent :- Lko. Development Authority Lucknow Thru. Secy. And Another Counsel for Petitioner :- Shireesh Kumar,Utkarsh Kumar Counsel for Respondent :- Ratnesh Chandra,Anagh Shukla Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Mustafa Khan, holding brief of Sri Shireesh Kumar, learned counsel for the petitioner and Sri Anagh Shukla, who has filed Vakalatnama on behalf of the opposite parties. Said Vakalatnama is taken on record. 2. Under challenge is the order dated 09.04.2025 passed by the Vice Chairman, Lucknow Development Authority, Lucknow placing the petitioner under suspension attaching him at Prerna Sthal (Smarak Samiti), NOIDA appointing an inquiry officer. Learned counsel for the Lucknow Development Authority has produced copy of order dated 06.05.2025 passed by the Vice Chairman, Lucknow Development Authority, Lucknow modifying his earlier order attaching the petitioner at Legal Section, Lucknow Development Authority, Lucknow. The aforesaid order is taken on record and copy thereof has been provided to the learned counsel for the petitioner. 3. In the wake of aforesaid development, nothing remains to be adjudicated in this petition. However, it is always open for the petitioner to challenge the order dated 06.05.2025 strictly in accordance with law. 4. It is directed that in case the competent authority is willing to conduct the departmental inquiry against the petitioner, he may do so by providing the petitioner charge sheet alongwith relied upon documents within a period of fifteen days. Immediately after receiving copy of the charge sheet, the petitioner may submit defence reply to the charge sheet within a further period of fourteen days. After receiving the defence reply to the charge sheet, the departmental inquiry may be conducted and concluded with expedition, preferably within a period of six weeks subject to proper cooperation of the petitioner with the departmental inquiry inasmuch as without proper cooperation of the petitioner, the departmental inquiry may not be conducted and concluded. After conclusion of the departmental inquiry, final order may be passed by the disciplinary authority providing an opportunity of hearing to the petitioner as well as seeking explanation from him, strictly in accordance with law, preferably within a period of three weeks. 5. It is made clear that if after receipt of defence reply to the charge sheet the departmental inquiry is not concluded within a period of six weeks, the impugned suspension order would stand revoked, however, in that case, the departmental inquiry may go on and final order may be passed but strictly in accordance with law. 6. Accordingly, the writ petition is disposed of. [Rajesh Singh Chauhan,J.] Order Date :- 7.5.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench