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2025 DAILYLAW 35136 (ALL)

RUPESH DHAKAR v. STATE OF U.P. AND 6 OTHERS

WRIA/4590/2025 · 2025-04-10

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54192 Court No. - 4 Case :- WRIT - A No. - 4590 of 2025 Petitioner :- Rupesh Dhakar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rakesh Kumar Verma,Sameer Khan Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Rakesh Kumar Verma, learned counsel for the petitioner as well as learned Additional Chief Standing Counsel Sri Pramod Kumar Srivastava. By means of this petition filed under Article 226 of the Constitution, petitioner has challenged the suspension order dated 12.12.2024 in which certain charges were leveled against the petitioner. It transpires that in the matter of disciplinary proceedings as a sequel to which suspension order was passed, petitioner had approached earlier this Court vide Writ - A No. 225 of 2025 seeking a direction to the respondents to conclude the disciplinary proceedings and this Court vide order dated 11.02.2025 disposed of the petitioner with direction to the respondent no. 5 to conclude the enquiry within a period of two months. Upon a pointed query being made as to why petitioner did not challenge the order of suspension earlier when he filed Writ - A No. 225 of 2025, Sri Verma, learned counsel for the petitioner submits that petitioner was served with the suspension order only after the order was passed by this Court on 11.02.2025, however, from the order of suspension it does not transpire that the petitioner received the copy of the order only after 11.02.2025. In none of the paragraphs of the writ petition it has been pleaded that the petitioner was served with the order of suspension only after the order was passed by this Court on 11.02.2025 to hold to be an ante dated order. In such circumstances, therefore, when the petitioner did not choose himself not to challenge the order of suspension earlier and this Court had already directed for disposal of the disciplinary proceedings within a time bound period, I decline to grant indulgence in the matter a to this stage. Petition is accordingly dismissed.Consigned to records. Order Date :- 11.4.2025/IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad