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2025 DAILYLAW 34404 (ALL)

DR PIYUSH CHAUHAN v. STATE OF U.P. AND 5 OTHERS

WRIA/3906/2025 · 2025-04-20

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58298 Court No. - 7 Case :- WRIT - A No. - 3906 of 2025 Petitioner :- Dr Piyush Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aalok Singh,Bheem Singh Counsel for Respondent :- Avneesh Tripathi,C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for petitioner, learned Senior Advocate appearing on behalf of respondent-Institution, learned counsel for respondent-University and learned Standing Counsel for the State. 2. The writ petition has been filed with the following prayer: "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to permit the petitioner to join and work as the Principal of the College forthwith, within the time stipulated by this Hon'ble Court,. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to make the payment to the petitioner for the post in question alongwith the arrears, within the time stipulated by this Hon'ble Court, within the time stipulated by this Hon'ble Court." 3. It is submitted by learned counsel for petitioner that the petitioner was working as Principal of the respondent-Institution and was placed under suspension by order dated 14.8.2024. Learned counsel for petitioner submits that suspension order was disapproved on 21.9.2024. Learned counsel for petitioner submits that disapproval order was subject matter of challenge before this Court in Writ-A No.18889 of 2024 where no interference was granted to institution, however, an order was passed by this Court for continuing petitioner under suspension at least for a period of six weeks. The relevant portion of order is quoted hereinbelow: "16. There is an Auditor's objection regarding financial irregularities committed by the said respondent. Even a small bit of financial irregularity has to be considered seriously, therefore, the conditions put in the order that documents would not be accessible cannot be a sufficient precaution and in order to keep the entire procedure fair, Court is of considered opinion that the respondent no.6 shall remain under suspension at least for a period of 6 weeks from today. Meanwhile, both the parties will co-operate in the inquiry so that it be concluded within the aforesaid period." 3-A. Learned counsel for petitioner submits that petitioner is not being permitted to join institution even after disapproval of suspension order by University and then has not been interfered by this Court. Learned counsel for petitioner submits that even after completion of six weeks, petitioner has not been permitted to join the institution. 4. Learned Senior Advocate appearing on behalf of respondent- Institution submits that there are serious allegations against petitioner, which have been observed in the order dated 20.1.2025 and in view of aforesaid fact, suspension of petitioner was permitted to continue for six weeks, however, he submits that enquiry could not be concluded within a period of six weeks and as such, petitioner was not permitted to join. 4-A. At this stage, learned Senior Advocate appearing on behalf of respondent-Institution submits that Management is ready to permit the petitioner to join the institution and pay salary. However, petitioner may not be permitted to work as Principal of the institution, at this stage, in view of serious allegation and pending enquiry as the same may effect the pending enquiry. 5. Learned counsel for petitioner submits that he would have no objection if the work of Principal is not taken, at this stage, subject to result of enquiry proceeding and payment of salary. 6. Learned Standing Counsel and learned counsel for respondent- University have also no objection. 7. In view of aforesaid submission of learned counsel for parties, let the petitioner be permitted to join the institution within 10 days from today and be paid salary on month to month basis. However, petitioner would not discharge duties as Principal of the institution. The disciplinary proceeding would continue against petitioner and petitioner is directed to co-operate in the disciplinary proceedings so that the same may be concluded at the earliest. 8. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 21.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad