Neutral Citation No. - 2025:AHC:41735 Court No. - 6 Case :- WRIT - A No. - 3505 of 2025 Petitioner :- Shrikant Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ram Kumar Sinha,Vashishtha Tiwari Counsel for Respondent :- C.S.C.,Vineet Sankalp Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Vashistha Tiwari, learned counsel for petitioner, Mrs. Shruti Malviya, learned Standing Counsel for State-Respondents and Sri Vineet Sankalp, Advocate for Respondent-4. 2. There are personal allegations against Inquiry Officer, however, he is not made party by name. 3. Earlier petitioner has approached this Court by way of filing Writ-A No. 15681 of 2023 which was disposed of vide order dated 19.09.2023 that inquiry be concluded within three months and in case it is not concluded within aforesaid period, a liberty was granted to petitioner to approach this Court for revocation of suspension. 4. Subsequently, petitioner has approached this Court by way of filing Writ-A No. 8648 of 2024 since inquiry was not concluded within aforesaid period and vide order dated 23.08.2024 suspension order was kept in abeyance and further direction was issued to conclude inquiry expeditiously. 5. Learned counsel for petitioner submits that till date inquiry is not concluded and petitioner is likely to retire on 30.06.2025. Learned counsel further refers para 45 of writ petition, which is reproduced hereinafter: “45- That the purpose for filing the present writ petition is also on the inter-alia ground that "the enquiry officer namely Sri Rakesh Kumar Gupta, who is posted as Additional Commissioner (Administration) Varanasi Division Varanasi has threatened severally to the petitioner that YOU HAVE MADE A PARTY IN THE SINCE WRIT PETITIONS AND DUE TO THAT REASONS I HAVE SUFFERED MENTAL TORTURE AND FINANCIAL BURDEN AND I HAVE ALSO GOT INSULT IN THE HIGH COURT THEREFORE I WILL TAKE REVANGE WITH YOU AND YOU BE READY FOR CONSEQUENCES OF THE DEPARTMENT ENQUIRY" therefore in that circumstances the petitioner has no hope for getting the fair enquiry in the matter by the present enquiry officer Mr. Rakesh Kumar Gupta. Therefore the petitioner moved an application on 05.02.2025 for changing the present Enquiry Officer Mr. Rakesh Kumar Gupta, Additional Commissioner (Administration) Varanasi Division Varanasi sent through registered post to the Principal Secretary Department Vikas) U.P. of Urban Development (Nagar Government Anubhag-4 Lucknow/respondent No.1 and same is still pending and he has no paid any heed till date nor the present enquiry officer (Mr. Rakesh Kumar Gupta) has been changed. Photocopy of the application dated 05.02.2025 moved by the petitioner before the Principal Secretary Department of Urban Development (Nagar Anubhag -4 Vikas) U.P. Government Lucknow/respondent No.1 alongwith postal receipt is being filed herewith and marked as Annexure No.10 to this writ petition.” 6. By referring to above averments, learned counsel submits that an application was filed on 05.02.2025 to change Inquiry Officer, however, till date no order has been passed on said application. 7. Learned counsels appearing for respondents submit that though allegations are made in personal capacity against Inquiry Officer, however, he is not made party by name. However, they further fairly submit that if any application is pending for change of Inquiry Officer, the same will be decided in accordance with law. 8. In aforesaid circumstance, this Court is not entering into merit of case at this stage and despite taking note that there is a defect of misjoinder of parties, still considering that petitioner is likely to retire within few months, this writ petition is disposed of with observation that petitioner’s application dated 05.02.2025 be decided by Respondent-1, i.e., Principal Secretary, Department of Urban Development (Nagar Vikas), U.P. Government, Anubhag-4, Lucknow, within a short period. Order Date :- 21.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad