Neutral Citation No. - 2025:AHC-LKO:44216 Court No. - 18 Case :- WRIT - A No. - 8014 of 2025 Petitioner :- Amit Saxena Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Food And Civil Supply Lko. And Another Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 02.07.2025 whereby petitioner has been placed under suspension pending departmental proceedings. Further concomitant prayers have also been made. 3. Learned counsel for petitioner submits that earlier petitioner was suspended vide order dated 25.02.2023 whereafter charge sheet was also served upon him on 25.02.2023 and in pursuance thereof, after enquiry, punishment order dated 07.11.2023 was passed but the same was set aside by appellate order dated 30.06.2025. However liberty was granted to disciplinary authority to initiate proceedings afresh after serving a fresh charge sheet in pursuance of collection of data. 4. It is submitted that by means of impugned order, the earlier suspension order of petitioner has been continued while issuing direction for initiation of disciplinary proceedings. It is submitted that in pursuance thereof, a charge sheet has already been served upon petitioner on 28.07.2025 to which he has not yet submitted any reply. It has been submitted that impugned order has been passed without application of mind in terms of Rule 4 of Uttar Pradesh Government Servant (Discipline & Appeal) Rules, 1999 inasmuch as there is no subjective satisfaction recorded with regard to complicity of allegations which are so serious as to merit major penalty. It is also submitted that since appellate order was passed only on 30.06.2025 and with impugned order having been passed on 02.07.2025, there was no material before the disciplinary authority to have applied its mind for suspending petitioner. It is however submitted that petitioner is due to superannuate today itself. 5. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that a perusal of impugned order will make it evident that relevant material was placed before the disciplinary authority pursuant to which suspension order has been passed and cannot be said to be without jurisdiction since it clearly indicates charges of embezzlement levelled against petitioner, which are serious enough to merit major penalty, 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, particularly the impugned order, it is evident that relevant material must have been placed before the authority in order to enable it to record the various details which find place and mention in the impugned order itself. The allegation levelled against petitioner is of embezzlement during his service period and is therefore serious enough that may merit major penalty. However, in view of fact that petitioner is superannuating today itself, the aspect or relevance of continuation of suspension order itself loses any importance. 7. Since admittedly charge sheet has already been issued to petitioner and since he is now superannuating, it would be in his interest that enquiry proceedings are concluded expeditiously. 8. In view thereof, petitioner is granted a period of fifteen days to submit reply to charge sheet which has already been received by him. The disciplinary authority/enquiry officer are directed to conclude enquiry proceedings expeditiously, within a period of four months from the date, time granted for submission of reply to petitioner, expires. This time-frame shall be subject to cooperation by petitioner in the enquiry proceedings. 9. The opposite parties are directed to ensure payment of admitted dues to petitioner expeditiously. 10. With aforesaid direction, the petition stands finally disposed of. Order Date :- 31.7.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench