HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 322 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. Heard Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State-appellants and Sri Vijay Karan Singh Chauhan, learned counsel for the respondents. 2. The instant intra court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred against order dated 18.08.2025 passed by Single Judge in Writ A no.9085 of 2025. 3. After hearing the matter what comes out is that inspite of institution of inquiry vide order dated 21.05.2025 till date the charge sheet has not been issued, this is one of the reasons for staying the order dated 21.05.2025. However, the counsel for the appellants says that at best the suspension could have been stayed instead the entire proceedings have been stayed. 4. Counsel for the respondent says that it is only the suspension order which has been stayed. 5. We clarify that the impugned order dated 18.08.2025 shall not be treated as stay of the disciplinary proceedings, which shall mean that the inquiry shall be conducted by the inquiry officer and not by any committee constituted by him. The disciplinary authority should clarify as to who will be the inquiry officer, whether it is the Additional Commissioner, Trade Tax, Gautam Budh Nagar or the Additional Commissioner, Gautam Budh Nagar and thereafter the inquiry shall be Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Vijay Karan Singh Chauhan The State Of U.P. Thru. Addl. Chief Secy. State Tax Lko. And Another .....Appellant(s) Raj Vardhan Singh .....Respondent(s) held by the inquiry officer as clarified by the disciplinary authority. However, the suspension as stayed by the Single Judge that may continue without prejudice to rights of the appellants to seek its vacation before the writ court. 6. The Special Appeal is, accordingly, disposed of. September 23, 2025 Manish Himwan SPLA No. 322 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad, Lucknow Bench