SWAPNIL KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF ENERGY LKO. AND 10 OTHERS
WRIA/8078/2025 · 2025-07-24
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152858 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43101 Court No. - 5 Case :- WRIT - A No. - 8078 of 2025 Petitioner :- Swapnil Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Energy Lko. And 10 Others Counsel for Petitioner :- Dhirendra Pratap Singh Counsel for Respondent :- C.S.C.,Alok Saran,Neerav Chitravanshi Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1, Sri Piyush Kishore, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel appearing on behalf of the respondents no. 2 & 3 and Sri Jyotindra Pathak, Advocate holding brief of Sri Alok Saran, learned counsel appearing on behalf of the respondents no. 4, 5, 6, 8 & 11. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is finally decided. 3. At the very outset, learned counsel for the petitioner states that he does not intend to raise a challenge to the transfer order dated 21.09.2022 and prays that the writ petition may be dismissed as withdrawn so far as it pertains to the transfer order. 4. Accordingly, the writ petition is dismissed as withdrawn so far as it pertains to the transfer order. 5. Contention of learned counsel for the petitioner is that despite the petitioner having placed under suspension vide order dated 14.06.2023 and the departmental inquiry having already culminated with the submission of the inquiry report dated 12.11.2024 to which a reply has already been submitted by the petitioner yet the competent authority has failed to pass a final order with the result that the petitioner continues to remain under suspension . 6. The submission of the inquiry report and the petitioner having submitted his reply against the same, is not disputed by the learned counsel appearing on behalf of the contesting respondents and thus it is apparent that it is only a final order which is to be passed on the inquiry by the disciplinary authority. 7. Considering the aforesaid, the instant writ petition is disposed of with the direction to the disciplinary i.e the respondent no. 5 to pass a final order after considering the reply to the show cause notice and the inquiry report which has been submitted by the petitioner within a period of three weeks from the date of receipt of a certified copy of
this order. 8.
Needless to mention that in case a final order is not passed by the disciplinary authority within the aforesaid period then the impugned suspension order shall stand revoked automatically without prejudice to the respondents continuing with the inquiry proceedings. Order Date :- 24.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench