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2025 DAILYLAW 39454 (ALL)

ARUN KUMAR TRIPATHI v. STATE OF U.P. AND 2 OTHERS

WRIA/4512/2025 · 2025-04-14

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54342 Court No. - 7 Case :- WRIT - A No. - 4512 of 2025 Petitioner :- Arun Kumar Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishesh Rajvanshi Counsel for Respondent :- Abhinav Mishra,C.S.C.,Shobhit Agrawal Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner, Sri Ashok Khare, learned Senior Advocate assisted by Siddharth Khare, learned counsel for respondent no.3 and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "i. Issue a Writ, order or direction in the nature of certiorari whereby quashing the impugned Order dated 24.02.2025 passed by the respondent No.3 marked as annexure No.5 to the Writ Petition. ii. Issue a Writ, Order or direction in the nature of Mandamus whereby directing the respondent No.3 to pay the complete arrears to the petitioner for the period of suspension." 3. It is submitted by learned counsel for petitioner that the petitioner has been placed under suspension by order dated 24.2.2025. The submission raised by learned counsel for petitioner is that the suspension has been made as final punishment without any contemplation of the enquiry. 4. Learned Senior Advocate appearing on behalf of respondent no.3 submits that the disciplinary proceedings are in contemplation against petitioner and as such, the present suspension order is only limited to pendency of the enquiry. 5. On a query being to learned Senior Advocate appearing on behalf of respondent no.3 as to the period within which time the enquiry would be completed, he submits that enquiry would be completed within three months. 6. In view of statement of learned Senior Advocate appearing on behalf of respondent no.3 that the suspension order is in contemplation of initiation of disciplinary proceedings, the writ petition is disposed of with a direction to the respondent no.3 to complete the disciplinary proceedings against the petitioner within a period of three months from the date of production of a certified copy of this order. 7. It is made clear that the present suspension order will only remain effective during pendency of disciplinary proceedings. Order Date :- 15.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad