Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48208 Court No. - 4 Case :- WRIT - A No. - 4046 of 2025 Petitioner :- Ram Shankar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mahesh Kumar Yadav,Mohd Rehan Ansari,Pradeep Kumar Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Ajit Kumar,J. By means of present petition filed under Article 226 of the Constitution, petitioner has questioned dated 15th January, 2025. Upon pointed querry being made, learned Standing Counsel submits that charge-sheet has already been approved by the competent authority and will be served upon the petitioner within a maximum period of two weeks from today. In the given facts and circumstances of the case, we find that petitioner has been placed under suspension after preliminary fact finding enquiry was held in the matter and report was submitted on 20.09.2024 regarding alleged charges, it would not be appropriate to interfere with the suspension order at this stage. However, petitioner would be certainly entitled to benefit of undue delay in disciplinary proceeding as he cannot be continued under suspension indefinitely. In the given facts and circumstances, therefore, when the chargesheet is stated to have been approved by the competent authority, this petition stands
disposed of with direction to the respondent concerned to serve chargesheet upon petitioner within a period of two weeks from today and in the event chargesheet is served upon petitioner, petitioner will submit his reply within a further period of four weeks. The departmental enquiry shall be held as per procedure prescribed permitting due participation to the petitioner . The entire disciplinary proceeding shall be brought to its logical end within a maximum period two months of the date furnishing reply by the petitioner to the chargesheet. It is further provided that petitioner shall continue to receive subsistence allowance so long as he remains under suspension. However, it is further clarified that in the event disciplinary proceeding is not brought to its logical end within time prescribed for hereinabove despite due participation and cooperation rendered by the petitioner, the suspension order dated 15th January, 2025 shall stand revoked and petitioner shall be entitled to reinstatement and regular salary.
Order Date :- 4.4.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad