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2025 DAILYLAW 34143 (ALL)

SHAHID ALI KHAN v. THE STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/3865/2025 · 2025-05-15

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81708 Court No. - 4 Case :- WRIT - A No. - 3865 of 2025 Petitioner :- Shahid Ali Khan Respondent :- The State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Vidya Sagar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of the Constitution petitioner has questioned the order dated 07.02.2025 whereby while the petitioner's suspension was revoked but the matter of payment of salary for the period petitioner was under suspension was deferred as enquiry is going on. Petitioner has also challenged the show cause notice. 3. Learned Standing Counsel was directed to obtain instruction in the matter as to why the disciplinary proceedings kept pending and the petitioner's salary was not released. Instructions have been placed before the Court which are taken on record. 4. As per the instructions the disciplinary authority was not satisfied with the enquiry report earlier submitted in the matter on 16.10.2024 and accordingly a new enquiry officer was appointed on 02.01.2025 who submitted report on 10.02.2025. It is on account of this report in which petitioner has been inducted that petitioner has been issued show cause notice but the petitioner has failed to submit reply. 5. In such above view of the matter, I dispose of this petition with the direction to the petitioner to submit reply to the show cause notice issued to him on 13.02.2025 within a period of four weeks from today taking all such legal pleas as may be permissible including the procedure adopted in the second enquiry instituted pursuant to the order of the District Magistrate dated 02.01.2025. It is provided that in the event petitioner submits reply to the show cause notice, the respondents shall proceed to take a final decision in the disciplinary proceedings within a further period of six weeks. 6. It is further clarified that in the event petitioner fails to submit reply this time to the show cause notice, as directed hereinabove, it will remain open for the respondents to pass final orders on the pending disciplinary proceedings within the time frame prescribed hereinabove. 7. Payment of salary of the petitioner for the period he was under suspension prior to its revocation on 07.02.2025 shall depend upon the final outcome of the disciplinary proceedings. Order Date :- 16.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad