VIRENDRA SINGH NAGAR v. STATE OF U.P. THRU. ADDL.CHIEF SECY. INFRA. AND INDUS. DEVELOPMENT DEPTT. AND ANOTHER
WRIA/7166/2023 · 2025-05-09
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161206 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161206 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27424 Court No. - 3 Case :- WRIT - A No. - 7166 of 2023 Petitioner :- Virendra Singh Nagar Respondent :- State Of U.P. Thru. Addl.Chief Secy. Infra. And Indus. Development Deptt. And Another Counsel for Petitioner :- Ashok Shukla,Rakesh Bajpai Counsel for Respondent :- C.S.C.,Waseeq Uddin Ahmed Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Ashok Shukla, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. Chief Standing Counsel for the State-respondents.
2. Sri Waseeq Uddin Ahmad, learned counsel for opposite party No.2 is reported to be unwell.
3. Having considered the precise contention of learned counsel for the petitioner to the effect that the petitioner was initially suspended vide order dated 23.07.2020 and remained under suspension till 16.09.2022. On 16.09.2022 recalling the earlier suspension order dated 23.07.2020, the petitioner was again placed under suspension, therefore, the writ petition may be allowed.
4. Sri Shukla, has further submitted that after conclusion of departmental inquiry, the disciplinary authority has called explanation from the petitioner issuing show cause notice dated 12.09.2024 enclosing therewith the copy of the inquiry report and petitioner immediately after receiving the aforesaid show cause notice submitted his explanation on 03.10.2024, but more than 7 months' period have passed, the disciplinary authority has not taken any final decision.
5. Having considered the aforesaid submission of learned counsel for the petitioner and the aforesaid fact has not been disputed by the other side, therefore, an opportunity is given to the disciplinary authority i.e. opposite party No.1 to take final decision concluding the departmental proceeding within a period of ten days from today to be more precise on or before 21.05.2025, if no decision has yet been taken by the disciplinary authority. Failing which, the impugned suspension
order dated 16th September, 2022 (Annexure-1) shall stand revoked and petitioner shall be reinstated in service and shall be paid his regular salary and other benefits as and when the same
falls due. However, in that case the final decision may be taken by the disciplinary authority with expedition.
6. The writ petition is disposed of in view of the aforesaid terms.
Order Date :- 9.5.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench