Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191157 (ALL)

TARKESHWER NATH SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/15602/2025 · 2025-10-16

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15602 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Harish Kumar Srivastava, learned counsel for respondent nos.2 & 3 and learned Standing Counsel for the State. The writ petition has been filed with the prayer to quash the order dated 16.04.2024 vide which the petitioner has been placed under suspension on the ground that he was sent to jail pursuant to the FIR dated 05.04.2024. Learned counsel for the petitioner submits that despite the petitioner being released from jail on 21.07.2025 neither any notice to place his case nor anything has been mentioned in the suspension order except the fact that he was in jail for more than 48 hours, however, prolong the suspension for no reason, is bad in the eyes of law. On the basis of instructions, learned counsel for the respondents submits that a letter dated 29.09.2025 has been issued to the petitioner requesting him to place all documents regarding his service records. He also received oral instructions wherein he has been informed about illegal appointment of the petitioner, therefore, inquiry in this regard is required to be conducted. Therefore, there is no illegality in the suspension order. This Court finds that there is no mention about any such fact regarding illegal appointment of the petitioner in the instructions as passed on to the Court today, therefore, suspension order is arbitrary. Even otherwise, as per settled position of law, prolonged the suspension for no reason, is bad in the eyes of law. Versus Counsel for Petitioner(s) : Aditya Vardhan Singh, Vivek Kumar Singh Counsel for Respondent(s) : C.S.C., Harish Kumar Srivastava Tarkeshwer Nath Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) In the view of above, suspension order dated 16.04.2024 is set aside, leaving it open to the respondents to pass fresh orders with respect to any illegality in the appointment of the petitioner and accordingly take action against the petitioner. The writ petition is accordingly allowed. October 17, 2025 Rahul. WRIA No. 15602 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad