ALOK KUMAR DUBEY v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIA/2584/2025 · 2025-04-30
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24506 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:70769 Court No. - 4 Case :- WRIT - A No. - 2584 of 2025 Petitioner :- Alok Kumar Dubey 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 17.02.2025 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 fake entries 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 45 in number purchased by either by the petitioner in his own name or in the name of his wife. 5. Learned Senior Advocate sought to contest the matter of purchase of the properties and 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. 6. 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. The law is well settled that suspension is no punishment. The copy of the charge-sheet has already been given along with instructions to the learned counsel for the petitioner in Court and hence it will be taken to be a charge- sheet served upon the petitioner himself. 7.
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 two weeks' time from the date of issuance of certified copy of this order and such request will be acceded to by the inquiry officer and in the event, documents are as such, copies thereof cannot be supplied then petitioner would be permitted to perused the same within the next two weeks. 8. 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 next 30 days' time giving due participation to the petitioner of 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 punishment and appeal rules and also in consonance with the principles of natural justice. 9. For the period petitioner remains under suspension, he shall be entitled to receive the subsistence amount 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, the disciplinary proceedings are not concluded within the time period prescribed hereinabove, the order of suspension dated 17.02.2025 shall stand revoked and petitioner would be entitled to reinstatement and also salary. 10. 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