CHANDAN PATHAK v. STATE OF U.P. THRU. PRIN. SECY. U.P. PUBLIC WORK DEPTT. LKO. AND ANOTHER
WRIA/11666/2025 · 2025-11-06
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185040 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11666 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard Mr. Chandan Pathak petitioner in person and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 15.09.2025 whereby petitioner has been placed under suspension. 3. It has been submitted by petitioner in person that the impugned order has been passed arbitrarily without even indicating any specific charge levelled against him and also does not disclose any independent application of mind by the disciplinary authority. It is submitted that a bare perusal of the impugned order will make it evident that allegations levelled against petitioner are clearly vague since only the allegation of insubordination has been levelled against him without any specific instance of any insubordination or misconduct. It is also submitted that prior to passing of the impugned order, a preliminary inquiry was held by the department in which he was not permitted to participate but forms the basis of impugned order. He has placed reliance on judgments rendered by this Court in the case of State of U.P and Ors. Versus Counsel for Petitioner(s) : In Person Counsel for Respondent(s) : C.S.C. Chandan Pathak .....Petitioner(s) State Of U.P. Thru. Prin. Secy. U.P. Public Work Deptt. Lko. And Another .....Respondent(s)
versus Jai Singh Dixit 1976 ILLJ 246 Allahabad as well as judgment rendered by Division Bench of this Court in the case of Ravindra Rai versus State of U.P & Ors.; Writ Petition No.30475 of 2003. 4. Learned State Counsel has been provided written instructions dated 04.11.2025, which is taken on record and as per which it has been submitted that allegations levelled against petitioner are quite serious in nature due to which he was required to be suspended from service. It is also submitted that the petitioner in paragraph 6 of the writ petition has clearly admitted the fact that he was given an opportunity to participate in the preliminary inquiry, which he himself did doing so. It is also submitted that a charge-sheet dated 03.10.2025 has been issued to petitioner and a supplementary charge-sheet is also under contemplation. It is therefore submitted that the impugned order does not warrant any interference in view of grave allegations levelled against petitioner. 5.
Upon consideration of submissions advanced by petitioner in person and learned counsel for opposite parties, it is evident from a bare perusal of the impugned order that it has been passed only on the allegation of insubordination and misconduct. No specific instance of any such insubordination, misconduct has been indicated in the impugned order which clearly is vague in nature. It is settled law that even with regard to suspension, allegations levelled against a delinquent employee are required to be specific and not in such vague language. 6. The order also indicates that the authority has WRIA No. 11666 of 2025 2
not applied any independent mind to the allegations levelled against petitioner nor is therefore any averment with regard to contemplation of any inquiry. 7. Nonetheless since a charge-sheet has already been issued by the department, the aspect of contemplation of inquiry looses importance. 8. In the case of Jai Singh Dixit (supra), it has already been held that allegations even in a suspension order cannot be vague in nature and independent application of mind is required by the authority concerned. 9. Evidently, the impugned order does not pass muster with regard to the aforesaid enunciation of proposition of law. 10. Considering aforesaid facts, impugned order of suspension from service dated 15.09.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh but only in consonance with settled propositions of law. 11. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. November 6, 2025 Subodh/- WRIA No. 11666 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench