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Neutral Citation No. - 2025:AHC:55443 Court No. - 4 Case :- WRIT - A No. - 4793 of 2025 Petitioner :- Ashish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivajee Srivastava,Sr. Advocate Counsel for Respondent :- Ashish Mishra,C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Uday Karan Saxena, learned Senior Advocate assisted by Sri Shivaji Srivastava, learned counsel for the petitioner and Sri Paritosh Joshi, learned Advocate holding brief of Sri Rahul Agarwal,
learned counsel for the respondents.
2. By means of this petition filed under Article 226 of Constitution of India, petitioner has questioned the suspension order dated 17.08.2024 and the consequential disciplinary proceedings including the preliminary fact finding enquiry report no.8 of 2024.
3. Sri Saxena, learned Senior Advocate has argued that the entire enquiry infact is on non-existent ground and therefore, the petitioner is being unnecessary harassed for continuation of the enquiry. It is submitted that the petitioner was served with the chargesheet wayback on 05.09.2024 to which he had submitted his reply promptly on 17.09.2024 and on every date fixed in enquiry he has been appearing before the enquiry officer but the enquiry is being lingered on for no justifiable reason.
4. Learned counsel appearing for the respondents submits that since the petitioner has already submitted reply to the chargesheet, it would be more appropriate that departmental enquiry is directed to be completed within a reasonable period of time which this Court may direct.
5. Having heard learned counsel for the parties and having perused the records, in my considered view the suspension order dated 17.08.2024 could have been challenged provided the respondents had not served chargesheet upon the petitioner but once the petitioner has been served with the chargesheet and he has submitted reply to the disciplinary proceeding drawn pursuant to the chargesheet that too on 17.09.2024, there is no good ground now to interfere with the suspension order. However, I am also of the view that petitioner cannot be kept under suspension for an indefinite period and hence the matter of departmental enquiry deserves to be expedited.
6. In view of the above, this petition stands
disposed of with a direction to the disciplinary authority to ensure that departmental enquiry which is underway is concluded within a maximum period of one month of production of certified copy of this
order. Soon after the departmental enquiry report is submitted, the disciplinary authority shall also ensure that the disciplinary proceeding also stands concluded within a further period of six weeks. It is also directed that the principles of natural justice shall be fully complied with in the matter of departmental enquiry and disciplinary proceeding and the procedure prescribed for under relevant discipline and appeal rules shall also be strictly adhered to.
Order Date :- 16.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad