Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49108 Court No. - 4 Case :- WRIT - A No. - 1618 of 2025 Petitioner :- Jitendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Submission advanced by learned counsel for the petitioner is that the order of suspension is bad for the reason that it has been passed without there being any charge whatsoever.
2. It is contended that merely referring to an order of the High Court, petitioner cannot be held guilty of any charge, prima facie, inasmuch as the order is not in contemplation of inquiry.
3. Learned Standing Counsel has obtained instructions and as per the instructions petitioner has been served with a charge- sheet on 07.02.2025 and the inquiry is now in progress. Even considering the instructions that have been obtained by the learned Standing Counsel, I find that the order of suspension is absolutely silent about the allegation that have come to be levelled against the petitioner in the charge-sheet.
4. It is a settled principle of law that discretion when is to be exercised by the Administrative Authority, it should be reasonably exercised and the respondents have seriously fell in error of law while passing such a non speaking order of suspension without referring to any allegation and just mentioning the order of the High Court. I find that the order of the High Court is absolutely silent, insofar as the charges sought to be levelled against the petitioner in the charge-sheet are concerned.
5. In such above view of the matter, the order of suspension dated 15.01.2025 cannot be sustained in law. The same is hereby quashed.
6. However, it is clarified that quashing of the suspension order dated 15.01.2025 hereinabove shall not come in the way of the respondent (Disciplinary Authority) in proceeding with and bringing the disciplinary proceeding to its logical end pursuant to the charge-sheet dated 07.02.2025.
7. Petitioner shall be co-operating with the disciplinary proceedings and if he fails to do so, it will be remain open for the respondents to place him under suspension, again.
8. Petition thus stands disposed of, accordingly. Order Date :- 5.4.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad