Neutral Citation No. - 2025:AHC:33282 Court No. - 7 Case :- WRIT - A No. - 2953 of 2025 Petitioner :- Shrikant Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bhanu Pratap Singh 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.2/District Basic Education Officer, Azamgarh is under challenge in the present writ petition. 2. It is argued by learned counsel for the petitioner that the order of suspension has been passed without following the procedure prescribed under Rules 7, 8 & 9 of U.P. Government Servant (Discipline and Appeal) Rules, 1999. It is further argued that as per the allegation made in the suspension order, no minor or major penalty as defined under Rule 3 can be awarded to the petitioner. It is argued that the petitioner being a permanent employee has been wrongly, illegally and malafide suspended with collusion of respondent no. 4 & 6 without (a) affording the opportunity of hearing to the petitioner to adduce the evidence oral or documentary by fixing date, time and place (b) concluding any final or preliminary enquiry / disciplinary proceedings as per procedure prescribed under Rule 7, (c) examining or cross examining the witnesses and by recording their statements and also even without going through the evidence on record. It is argued that the order of suspension is illegal, wrong, unconstitutional and the same has been passed in complete violation of principle of natural justice as well as the law laid down by the Hon'ble Apex Court in case of Whirlpool Corporation vs. Registrar of Trade Marks Mumbai report in 1998 (8) SCC 1. 3. From perusal of the record, it is clear that suspension order has been passed on 14.02.2025 and the Inquiry Officer has been nominated for initiation of Disciplinary Inquiry against him. Nothing has been stated in the entire writ petition that whether the Inquiry proceedings have been initiated and whether charge-sheet has been served against him and the charges have been framed against him and the arguments raised in the present petition is after conclusion of the Inquiry. 4. In this view of the matter, the Court is of the opinion that the petition is liable to be dismissed as the Inquiry yet to be begin and the petitioner has ample opportunity to adduce the evidence. 5. At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as withdrawn with liberty to file fresh petition. 6. Accordingly, the present petition is dismissed as withdrawn with liberty to file fresh petition at least after three months from today. Order Date :- 7.3.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad