MANOJ KUMAR VERMA v. THE STATE OF U.P. AND 3 OTHERS
WRIA/4788/2025 · 2025-04-30
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41935 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41935 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68995 Court No. - 4 Case :- WRIT - A No. - 4788 of 2025 Petitioner :- Manoj Kumar Verma Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Ambuj Maurya,Atipriya Gautam,Madhaw Pandey,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri M.K. Mishra, learned Advocate holding brief of Mr. Atipriya Gautam, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order of suspension dated 31.12.2024 passed by respondent no. 4. The ground taken by learned counsel for the petitioner is that the petitioner has been suspended after he was served with the charge sheet and hence there was no reason to place him under suspension once the disciplinary proceedings got initiated, inasmuch as, the
order of suspension sans any reason as to when evidence in support of the charge has come to be collected, how continuation of petitioner in office would affect the enquiry. Learned Standing Counsel on the previous date was directed to obtain instructions in the matter and as per the instructions, petitioner was issued with a charge sheet on 20.03.2024 but subsequently he has also been issued with a supplementary charge sheet on 22.04.2025, copy whereof has been brought on record as Annexure No. 12 to the instructions. Copy of instructions is taken on record. A copy of the instructions has also been supplied to
learned counsel for the petitioner. In the given facts and circumstances of the case, when the petitioner is facing inquiry pursuant to two charge sheet issued, I consider it appropriate to expedite the proceedings than to interfering with the order of suspension at this stage. In view of the above, this petition stands disposed of with a direction to the petitioner to submit reply to the charge sheet and supplementary charge sheet within four weeks from today. Soon after the reply is received by the Inquiry Officer, the Inquiry
Officer shall conclude the inquiry within a month giving opportunity of hearing to the petitioner. After conclusion of inquiry the disciplinary authority shall proceed to take final decision in the matter as well as in consonance of the principles of natural justice within a further period of one month. Petitioner shall be cooperating with the disciplinary proceedings and shall be paid subsistence allowance for the period he remains under suspension. Subsistence allowance if not paid, shall be paid to the petitioner within three weeks from today. It is further provided in the event disciplinary proceeding is not concluded despite cooperation rendered by the petitioner, the order of suspension passed against the petitioner dated 31.12.2024 shall stand revoked and the petitioner shall be reinstated with salary.
Order Date :- 1.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad