Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37962 Court No. - 6 Case :- WRIT - A No. - 3318 of 2025 Petitioner :- Prabhat Kumar Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Joveen Kumar,Tarun Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Joveen Kumar,, learned counsel for the petitioner and Sri H.N.Singh, for the respondent no.5.
2. A show cause notice dated 25.1.2025 was issued to the petitioner, an Assistant Teacher and reply was sought on 12 allegations.
3. According to learned counsel for the petitioner, reply was submitted by the petitioner to the show cause notice on 31.1.2025, which was duly received at the office of respondent no.5 within time provided, however, by impugned order dated 1.2.2025, petitioner was put under suspension on ground that he has not filed any reply to the show cause notice.
4. Learned counsel for the petitioner further submits that aforesaid ground is contrary to records.
5. Learned counsel for the petitioner further submits that till date, no charge-sheet has been submitted and petitioner has been placed under suspension for more than one and half month.
6. Learned Counsel for the respondent no.5 submits that in case inquiry is still not initiated, same will be initiated and concluded within a short period. So far as whether reply was received at the office of respondent, learned counsel submits that since signature is not accompanied by any stamp, therefore, it cannot be said that reply was submitted.
7. The above submission was contradicted by the counsel for petitioner that signature is sufficient with proof of receipt.
8. I have considered the above submissions and perused the records.
9. On reply to aforesaid show-cause notice, only signature is made, which means that it is not accompanied by any stamp, therefore, at this stage, it cannot be said that reply was submitted to the show cause notice on 31.1.2025, however, now reply is before the respondents, therefore, Court is of the view that since no charge- sheet has been submitted till date, therefore, this writ petition is
disposed of with a direction that in case no charge-sheet is filed within a period of two weeks from today, concerned respondent will revisit the suspension order on basis of reply as annexed in this writ petition and will pass a fresh order. Otherwise, on basis of reply to the charge-sheet, inquiry shall be concluded preferably within a period of four weeks thereafter.
Order Date :- 18.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad