Neutral Citation No. - 2025:AHC-LKO:32881-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 184 of 2025 Appellant :- Vinay Ghosh Respondent :- State Of U.P. Thru. Prin./Addl.Chief Secy.P.W.D. Lko. And 2 Others Counsel for Appellant :- Amrendra Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the parties. 2. This intra-court appeal filed under Chapter VIII Rule V of the Allahabad High Court Rules, 1952 is directed against an order passed by the writ court which reads as under:- 1. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. 2. Four weeks' time is allowed to learned Standing Counsel to file Counter Affidavit. 3. Rejoinder Affidavit, if any, shall be filed within two weeks' thereafter. 4. List on 1.8.2025. 3. From the relief sought in the writ petition, it is evident that the petitioner has assailed the order of suspension as well as the disciplinary proceedings initiated against him on the ground that the allegations made in the order of suspension do not constitute a misconduct. 4. To appreciate as to whether the allegations constitute a misconduct or not, the matter is to be heard finally after granting opportunity to the state-respondent for filing counter affidavit. 5. To this extent, we do not find any error in the order passed by the writ court. 6. Insofar as the application for interim relief seeking stay on the order of suspension is concerned, we leave it open to the appellant to make an application before the writ court for consideration of the interim relief to that extent. In case any such application is made, the same is requested to be considered and decided at an early date. 7. For disposal of stay application, the matter is listed in the week commencing 07.07.2025, as fresh. 8. The special appeal is accordingly disposed of. (Ajai Kumar Srivastava-I,J. ) (Attau Rahman Masoodi,J.) Order Date :- 29.5.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench