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2025 DAILYLAW 143708 (ALL)

GOPAL SINGH @ GOPAL SINGH RANA v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS

WRIA/6416/2025 · 2025-07-22

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42030 Court No. - 18 Case :- WRIT - A No. - 6416 of 2025 Petitioner :- Gopal Singh @ Gopal Singh Rana Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Umesh Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 8th November, 2024 whereby petitioner has been suspended from service as Lekhpal. Also under challenge is the charge sheet dated 3rd December, 2024 and the inquiry report dated 29th January, 2025. Remaining prayers regarding reinstatement and consequential benefits have also been made. 3. In view of directions issued earlier, learned State Counsel has been provided instructions and admits that despite inquiry report having been submitted in January, 2025, no final orders have been passed. 4. It is settled law as per judgment rendered by Supreme Court in the case of Ajay Kumar Choudhary versus Union of India through its Secretary and another, (2015) 7 SCC 291 that a delinquent employee can not be kept under interminable suspension and aforesaid judgment is squarely applicable in the present facts and circumstances where petitioner is under suspension since November, 2024 without final decision in the inquiry proceedings. 5. In view thereof, the disciplinary authority is granted three weeks time to pass final orders with regard to inquiry report dated 29th January, 2025. Decision shall be taken by 13th August, 2025. Failing which the impugned suspension order dated 8th November, 2024 shall stand automatically revoked. 6. The petition is therefore disposed of in terms of aforesaid directions. Order Date :- 22.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench