Neutral Citation No. - 2025:AHC:31134 Court No. - 7 Case :- WRIT - A No. - 2758 of 2025 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Sakib,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Shashi Prakash Singh Hon'ble Prakash Padia,J. 1. The order of suspension dated 14.02.2025 passed by the respondent no.4/District Basic Education Officer, Azamgarh is under challenge in the present writ petition. 2. The facts in brief as contained in the writ petition is that petitioner was initially appointed on the post of Assistant Teacher on 07.01.2006 and he was given the additional charge of Nodal Officer to supervise the work and distribution of essential commodities in the month of March, 2021. An ex-parte report was submitted by the respondent no.3 namely Kamla Singh, Superintendent Food Vigilance, Ayodhya Region, Ayodhya before the District Magistrate, Azamgarh on 28.03.2023. Taking reliance upon the said report order of suspension has been passed by the respondent no.4. 3. It is argued by Sri Prabhakar Awasthi, learned counsel for the petitioner that the authority of suspension cannot be exercised on mere recommendation and the appointing authority is obligated to apply its own independent mind in view of first proviso to Rule-4 (1) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999. 4. In this regard Sri Prabhakar Awasthi, learned counsel for the petitioner placed reliance upon a judgement and order dated 27.10.2015 passed by Division Bench of this Court in Writ A No.58619 of 2015. Apart from the same, it is argued that the order of suspension has been passed without mentioning as to whether the incumbent is being placed under suspension in contemplation of disciplinary proceedings or due to pendency of such proceedings. He placed reliance upon law laid down by the Division Bench of this Court in the case of Radhey Shyam Srivastava Vs. State of U.P. and others (Civil Misc. Writ Petition No.59703 of 2007). The relevant paragraph of the aforesaid judgment is reproduced hereunder:- "6. A perusal of Rule 4(1) shows that a government servant can be placed under suspension against whose conduct an inquiry is contemplated or is proceeding. A perusal of the entire order of suspension impugned in this writ petition nowhere shows that an inquiry was in contemplation or pending warranting suspension of the petitioner in the present case. Suspension order has been passed without mentioning as to whether the incumbent is being placed under suspension in contemplation of disciplinary proceedings or pendency thereof. The question whether such an order of suspension would be valid, came up for consideration before a Division Bench of this Court in Meera Tiwari (Smt.) v. The Chief Medical Officer and others, (2001) 3 UPLBEC 2057, in which one of us (Hon'ble S.R. Alam, J.) was a member, and it was held as under : "3. From the said rule it appears that a Government Servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry. The impugned order of suspension does not refer to any contemplated inquiry or the fact that any inquiry is pending." "4. In that view of the matter, we are of the view that the order of suspension is against the provisions of Rule 4 of the U.P. Government Servant (Discipline & Appeal Rules, 1999 and the same cannot be sustained.........." 5. The aforesaid facts were very fairly accepted by learned Standing Counsel appearing on behalf of respondents no.1 to 3 and Sri S. P. Singh, learned counsel for the respondent no.4. 6. In this view of the matter, the Court is of the opinion that since provisions contained under law as stated above has not been complied with, the order dated 14.02.2025 passed by the respondent no.4 is liable to be set aside and the same is hereby set aside. 7. The writ petition is allowed. 8. It is made clear that the respondents shall be at liberty to pass a fresh order, if they so decide in respect to suspension of petitioner, in accordance with law. No order as to costs. Order Date :- 5.3.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad