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2025 DAILYLAW 24411 (ALL)

ARUNA DWIVEDI v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/2588/2025 · 2025-04-30

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70834 Court No. - 4 Case :- WRIT - A No. - 2588 of 2025 Petitioner :- Aruna Dwivedi Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Abhishek Bhushan,Arpan Srivastava,Kunwar Ajay Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard SRi Anil Bhushan, learned Senior Advocate assisted by Sri Arpan Srivastava, learned Advocate holding brief of Sri Abhishek Bhushan, learned counsel appearing for the petitioner, Sri Kunwar Ajay Singh, learned counsel for the complainant and learned Standing Counsel for the State-respondents. 3. By means of this petition filed under Article 226 of the Constitution of India, petitioner has assailed the order of suspension dated 18.02.2025 on the ground that petitioner has been placed under suspension upon a sheer third party complaint without there being any iota of evidence with regard to the charge that he was involved in any fraudulent activity in preparation of record making infringe or otherwise purchasing the property. 4. Learned Standing Counsel has obtained instructions in the matter and as per the instructions, a charge-sheet has been served upon petitioner on 16.03.2025 with the approval of competent authority and further, has appended a list of the properties that counts to three in number purchased by either by the petitioner on his own name or in the name of his wife or her. Learned Senior Advocate sought to contest the charges in the matter of purchase of the properties and in charges as well but in my considered view, if the charge-sheet has already been served then any defence taken against the article of charges required to be met only by the inquiry officer. 5. In such circumstances, therefore, I decline to grant indulgence in the matter of suspension at this stage, however, I am also equally of the view that no employee can remain under suspension for a very long time and hence inquiry needs to be expedited to protect the interest of such employee as the law is well settled that suspension is no punishment. The copy of the charge-sheet has already been served upon the counsel for the petitioner in Court along with the instructions and it will be taken as service of charge-sheet served upon the petitioner himself. 6. In the circumstances, therefore, this petition stands disposed of with a direction to the petitioner to submit reply to the charge- sheet within a maximum period of 3 weeks from today. However, if the petitioner wants any document in order to make his reply effective, he may apply for the same within a week's time from today and such request will be acceded to by the inquiry officer and in the event, documents are such, copies whereof cannot be supplied then petitioner would be permitted to peruse the same within the next three weeks. In the circumstances, reply will be submitted by the petitioner within a further period of 3 weeks after the expiry of the aforesaid 3 weeks period. With the submission of reply, the departmental inquiry in the matter of charge-sheet shall be concluded within the 30 days' time giving due participation to the petitioner in the oral inquiry. After the inquiry report is submitted, disciplinary authority shall proceed to pass final order in the matter strictly following the procedure prescribed under relevant disciplinary rules and also in consonance with the principles of natural justice. 7. For the period petitioner remains under suspension, he shall be entitled to receive the subsistence allowance and if any subsistence allowance remains unpaid, the same shall be also cleared within 3 weeks from today. It is further provided that in the event despite due cooperation rendered by the petitioner, disciplinary proceedings are not concluded within the time period prescribed hereinabove, the order of suspension dated 18.02.2025 shall stand revoked and petitioner would be entitled to reinstatement and also salary. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 1.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad