KANHAIYA LAL SONKAR v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/4818/2025 · 2025-04-15
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40792 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40792 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56011 Court No. - 4 Case :- WRIT - A No. - 4818 of 2025 Petitioner :- Kanhaiya Lal Sonkar Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Anjani Kumar,Ashok Kumar Gautam,Dilip Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for parties.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the suspension
order on the ground that it has been passed on flimsy charges.
3. Learned Standing Counsel on the contrary submits that on the basis of complaint that he was not doing cleaning work in the panchayat concerned and was not reporting for duty and hence, he was issued with the show cause notice on 24.02.2025 to which he submitted a very evasive reply on 27.02.2025 and, hence, the respondents have rightly proceeded to hold enquiry into the matter.
4. Having heard learned counsel for respective parties and having perused the records, I find that specific charges were levelled against the petitioner; firstly for he was not doing cleaning work and was not reporting for duly, inasmuch as petitioner misbehaved
during phone call when he was contacted as to why he was not reporting for duty. In reply to these very allegations made in the show cause notice dated 24.02.2025 petitioner has simply replied that he has been regularly discharging his duties. There is no denial as to the conversation made over phone, nor there is any specific denial as to he allegations made in the complaint.
5. In such above view of the matter, therefore, I decline to grant indulgence in the matter of suspension, however, the Court is equally of the view that the petitioner should not be continued under suspension for a prolonged period for delay in departmental enquiry and hence respondents should expedite the disciplinary proceedings.
6. Under the circumstances, therefore, this petition stands disposed of with the direction to the respondent disciplinary authority in the matter, namely, District Panchayat Raj Officer for concluding the entire disciplinary proceedings including departmental enquiry by issuing chargesheet to the petitioner within maximum period of three months from production of certified copy of this order. Petitioner is also directed to cooperate in the same. For the period petitioner remains under suspension he shall also be paid his subsistence allowance.
7. However, it is further provided in the event disciplinary proceedings are not concluded as directed hereinabove despite due cooperation rendered by the petitioner, the order of suspension dated 01.03.2025 shall stand revoked and petitioner shall be reinstated with payment of salary accordingly.
Order Date :- 16.4.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad