Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88003 Court No. - 4 Case :- WRIT - A No. - 2795 of 2025 Petitioner :- Osan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State respondents. Ms. Ankita Sharma, an officer of Indian Police Service, presently posted as Superintendent of Police, Kasganj is present in Court along with an application seeking exemption from personal appearance supported by her personal affidavit. In the affidavit averments have been made to the effect that non- appearance of the officer was only for miscommunication and the misinterpretation of facts for the fault of the officer, who was doing pairvi in this case and the officer concerned, who is present in the court has taken immediate action against the erring officials by issuing show cause notice on 22nd May, 2025. A copy whereof has also been brought on record. The officer also submits before the Court that that order of suspension that has already been revoked way back on 25th May, 2024 and, therefore, there was no occasion to file the present petition. However, she submits that petitioner has not been cooperating in the departmental inquiry and hence it has got delayed. In the given facts and circumstances of the case and the explanation offered in the affidavit filed in support of the application, I find the explanation to be satisfactory and, accordingly, the exemption application is allowed. Personal appearance of the officer concerned is exempted in the matter on future dates and notice issued to her accordingly stands discharged. Now coming to the facts of the case, I find the conduct of the petitioner is also not good enough in preferring this petition questioning the suspension order that was already revoked and also for the fact as stated before this Court by the officer that petitioner has not been cooperating in the disciplinary proceedings.
Accordingly, it is hereby provided that petitioner would cooperate and would appear before the Inquiry Officer as and when he is called and in the event if he does not appear, it will be open for the disciplinary authority to ensure that departmental inquiry stands concluded within a period of two months from today and the disciplinary proceedings, accordingly, shall also stand concluded within a further period of one month. With the aforesaid observations and directions, this petition stands
disposed of.
Order Date :- 23.5.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad