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Neutral Citation No. - 2025:AHC:60911-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 326 of 2025 Appellant :- Shailendra Singh Respondent :- State Of U.P. And 2 Others Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Sri S.P. Sharma, learned counsel for the appellant, Sri K.B. Srivastava, learned counsel for respondent no.2 and Sri Bal Mukund Singh, learned counsel for respondent no.3. 2. Learned Single Judge has refused to interfere with the order of suspension dated 5.3.2025 and disposed of the writ petition with a direction to conclude the inquiry within four months. Reasons assigned by learned Single Judge for adopting such course is as under:-
"The petitioner has been suspended on the footing that a departmental enquiry is contemplated against him for various acts of misconduct including disobedience of orders of superior authority, dereliction of duties which caused fall in the revenue of the bank. Prima facie the charges may warrant a major penalty if they are proved in the inquiry proceedings as per applicable standards of evidence. No interference is warranted in the impugned order of suspension. However, the disciplinary authority is directed to conclude the inquiry proceedings within a period of four months from the date of receipt of a certified copy of this order. The petitioner is directed to cooperate in the inquiry proceedings. With the aforesaid direction the writ petition is disposed of."
3. Various submissions are advanced by Sri S.P. Sharma, learned counsel for the appellant to state that charges are not actually serious and that the inquiry officer is not impartial. It is also submitted that the observation made by the learned Single Judge is likely to influence the ultimate proceedings since opinion has been expressed against the appellant. 4. We do not find much substance in the submission advanced on behalf of the appellant, inasmuch as the observation of the learned Single Judge is merely on the strength of recital in the order and
cannot be construed as any expression of opinion by the Court on the merits of the charges. All such matters would be open for examination at the stage of disciplinary inquiry. It is also provided that if there is any objection to the impartiality of the inquiry officer the appellant would be at liberty to approach the disciplinary inquiry for necessary examination of such cause. 5.
Subject to the observations and clarifications made above, this special appeal stands disposed of. Order Date :- 23.4.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad