Neutral Citation No. - 2025:AHC:61368-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 288 of 2025 Appellant :- Satyendra Pal Singh Respondent :- Dakshinanchal Vidyut Vitran Nigam Ltd. And 2 Others Counsel for Appellant :- Manu Mishra Counsel for Respondent :- K.K.Rao,Sushil Kumar Pal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Following orders were passed in the matter on 15.4.2025:- "1. This special appeal is directed against an order passed by the learned Single Judge, dated 27th March, 2025, whereby a direction is issued to serve charge-sheet upon the petitioner within three weeks and conclude the inquiry within six weeks. In default, the suspension order is directed to be kept in abeyance. Petitioner is also directed to co-operate during inquiry. 2. Perusal of the record would indicate that petitioner was transferred after he was found guilty in the preliminary inquiry. He has been placed under suspension by the Managing Director vide his order dated 4th March, 2025 on the ground that the appellant failed to join pursuant to the order of transfer and had continued to discharge duties till 3rd March, 2025. 3. Learned counsel for the appellant points out that the order of transfer, dated 25th February, 2025 was served upon him, later, and relieving officer had taken charge from him only on 3rd March, 2025. It is submitted that the direction to relieve the appellant was issued by the higher authority only on 1st March, 2025, and the relieving officer took charge on 3rd March, 2025. It is urged that there was no default on part of the appellant in handing over charge or not reporting for duty at the transferred place and, therefore, the order of suspension passed against him cannot be sustained. 4. We find that grievance raised by the appellant has not been adverted to by the learned Single Judge on merits. 5. Matter requires consideration. 6. Notice on behalf of respondents is accepted by Sri Siddhartha Shukla holding brief of Sri K.K.Rao. He prays for and is allowed a week's time to obtain proper instructions in the matter. 7. Put up as fresh, once again, on 23.4.2025, in order to enable the respondents to obtain complete instructions." 2. Sri K.K. Rao, appearing for the respondents has obtained instructions according to which there were orders for the appellant to be relieved on 25.2.2025 itself but he was waiting for the reliever to come. It is, however, undisputed that the relieving of the appellant is pursuant to the orders passed on 1.3.2025. 3. The only charge against the appellant is that he had been transferred on 25.2.2025 but he joined only on 3.3.2025. This delay is also explained on the ground that the reliever himself was not available till 1.3.2025. 4. Having gone through the facts of the present case, we find that the appellant had actually joined at the transferred place on 3.3.2025. It cannot be said that there was any unusual delay on part of the appellant in joining pursuant to the orders of transfer. In such circumstances, we do not find any occasion for the employer to place the appellant under suspension. However, disciplinary inquiry can always proceed, in accordance with law. In such view of the matter, we modify the order dated 25.3.2025 passed in Writ- A No.3851 of 2025 in following terms:- (i) The appellant shall continue to work at his transferred place. (ii) It shall be open for the employer to conduct disciplinary inquiry if there are charges of misconduct attributed to the appellant. (iii) In the facts of the case, we find that there is no justification to place the appellant under suspension and accordingly, the order of suspension dated 4.3.2025 is set aside. 5. Special appeal, accordingly, stands disposed of. Order Date :- 23.4.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad