AJAY KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. LKO AND 3 OTHERS
WRIA/5296/2025 · 2025-05-15
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139768 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139768 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28559 Court No. - 3 Case :- WRIT - A No. - 5296 of 2025 Petitioner :- Ajay Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko And 3 Others Counsel for Petitioner :- Vinod Kumar Pandey,Suyash Kumar Pandey Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Vinod Kumar Pandey, learned counsel for the petitioner, Sri D.K. Pathak, learned Addl. Chief Standing counsel for opposite party No.1 and Sri Prashant Kumar Singh,
learned counsel for opposite parties No. 2 to 4.
2. By means of this petition, the petitioner has challenged the
order dated 31.12.2024 passed by opposite party No.2/ District Basic Education Officer, Hardoi.
3. Learned counsel for the petitioner has stated that after passing the aforesaid suspension order, no departmental inquiry has been initiated against the petitioner as the petitioner has not been given any charge-sheet till date. He has also submitted that the petitioner has been paid subsistence allowance only for two months, thereafter he has not been paid such allowance. Further, if the subsistence allowance is not paid towards suspended employee, it vitiates the suspension order.
4. Sri Prashant Kumar Singh has provided copy of chargesheet dated 01.05.2025 to the counsel for the petitioner in the Court by submitting that the petitioner refused to take such chargesheet. On that learned counsel for the petitioner has stated that the petitioner has not refused to receive the chargesheet.
5. Since, the copy of chargesheet has been provided to the counsel for the petitioner, therefore, it is expected that the petitioner shall submit his defence reply to the chargesheet within a period of fifteen days taking all pleas and grounds which are available to him. Thereafter, the Inquiry Officer shall conduct and conclude the departmental inquiry within a further period of six weeks strictly in accordance with law by affording opportunity of hearing to the petitioner subject to his proper cooperation. Thereafter, the inquiry report shall be submitted
before the disciplinary authority, who shall pass final order by affording an opportunity of hearing to the petitioner supplying him a copy of inquiry report, if any, and may pass final order within a period of one month.
6. If, the departmental inquiry is not concluded within a period of six weeks from the receipt of the defence reply of the petitioner and subject to his proper cooperation, the impugned suspension order dated 31.12.2024 shall be revoked and in that case the departmental inquiry may be concluded with expedition and final order may be passed by the disciplinary authority.
7. If, the petitioner has not been paid his subsistence allowance, he shall be paid arrears of subsistence allowance within a period of two weeks from the receipt of certified copy of the order of this Court and the same allowance shall be paid to the petitioner during suspension period.
8. With the aforesaid observation and direction, the writ petition is disposed of.
Order Date :- 15.5.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench