HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12247 of 2025 Court No. - 7 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 06.04.2023 placing petitioner under suspension from service in contemplation of departmental enquiry. Other concomitant prayers have been made for a direction to opposite parties to permit petitioner to continue and perform his duties. 3. Learned counsel for petitioner submits that in the present case, it is quite evident that enquiry proceedings against petitioner have been continuing for the past more than two years. It is therefore submitted that enquiry proceedings and suspension in lieu thereof cannot be interminable. It is submitted that since in the present case, enquiry reports have already been submitted with regard to first charge sheet and the supplementary charge sheet with show cause notice also being issued and replied to, no useful purpose would be served by continuing petitioner under suspension. He has placed reliance on judgment rendered by a coordinate Bench this Court in Shridev Sharma v. State of U.P. Lko and another rendered in Writ Petition No.27587(S/S) of 2019. 4. Learned State Counsel has been provided written instructions dated 31.10.2025, a copy of which is taken on record and as per which, Versus Counsel for Petitioner(s) : Santosh Kumar Shukla, Gaurav Mehrotra, Jaiyesh Bhoosreddy, Maria Fatima, Mohd. Kausar Jah Counsel for Respondent(s) : C.S.C. Rajesh Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Social Welfare Lko And 3 Others .....Respondent(s) petitioner was placed under suspension in contemplation of departmental enquiry and the first charge sheet was issued to him on 16.05.2023 which was replied to by petitioner on 22.06.2023 and the enquiry report was also submitted on 09.08.2023 finding petitioner guilty of the two charges levelled against him. It is submitted that subsequently, a supplementary charge sheet was issued on 20.01.2025 which was also replied to by petitioner on 22.02.2025 whereafter enquiry report again finding petitioner guilty of supplementary charges was submitted on 20.03.2025. Subsequently, a show cause notice was issued on 26.03.2025, which was replied to by him vide letters dated 09.04.2025, 13.06.2025 and 0807.2025 and at present, the issue is pending before the State Government for taking a final decision. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, the facts as indicated herein above are admitted clearly indicating the aspect that enquiry proceedings against petitioner have been continuing for the past more than two years. It is also evident that show cause notice was issued to petitioner in March, 2025 and was replied by him in April, 2025. There does not appear to be any reason for opposite parties to keep the matter pending for a prolonged time without taking a final decision. 6. At the same time, it is also evident that serious allegations and charges have been levelled against petitioner with regard to embezzlement of more than 2 crores on the allegation of opening false accounts for defalcation of amounts pertaining to pensionary benefits. 7. Considering aforesaid, in the facts and circumstances, particularly since a final decision is to be taken by the State Government, authority concerned in the State Government is directed to take a final decision with regard to enquiry reports submitted against petitioner and reply to show cause notice submitted by petitioner, within a period of three weeks from the date a certified copy of this Court is served upon authority concerned. In view of judgments rendered by Hon'ble the Supreme Court in Ajay Kumar Choudhary v. Union of India and another reported in (2015) 7 SCC 291 as well as judgment rendered in Shridev Sharma (supra), it is directed that in case final decision is not taken by authority WRIA No. 12247 of 2025 2 concerned within aforesaid time-frame, the impugned suspension order dated 06.04.2023 shall automatically stand revoked. In such a situation, it shall be open for the opposite parties to post petitioner in a non- sensitive posting till final decision is taken. 8. With aforesaid directions, the writ petition stands finally disposed of. November 3, 2025 kvg/- WRIA No. 12247 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench