Neutral Citation No. - 2025:AHC:87481 Court No. - 4 Case :- WRIT - A No. - 5926 of 2025 Petitioner :- Sandeep Kumar Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P. Singh,Sanjay Singh,Vishal Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri J.P. Singh, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has prayed for quashing of the suspension order on the ground that till date no departmental enquiry has been instituted as no chargesheet has been served even though suspension order was passed on 20.12.2024. 3. Learned Standing Counsel in this case was directed to obtain instruction in the matter on 05.05.2025. The order dated 05.05.2025 is reproduced hereunder: "1. Learned Standing Counsel is to obtain instruction as to whether the petitioner has been served with the chargesheet in respect of the allegations made in the suspension order 20.12.2024 till date or not, by the next date fixed. 2. List this case on 22.05.2025 amongst top ten cases." 4. Learned Standing Counsel has obtain instruction which is taken on record and the same is also supplied to learned counsel for the petitioner. 5. From the instruction it does not transpire at all as to whether petitioner has been served with the chargesheet as the enquiry was in contemplation while the petitioner was placed under suspension wayback on 20.12.2024. All that is stated in the instruction that the order of suspension passed against the petitioner is justifiable for the reasons assigned therein. 6. In the given facts and circumstances, when in the matter of disciplinary proceedings by framing the charges as per relevant U.P. Police Officers Subordinate Rank (Punishment and Appeal) Rules, 1991 have yet not been instituted against the petitioner, there remains no reason to continue petitioner under suspension. 7. In such circumstances, therefore the order of suspension cannot be sustained in law. Writ petition succeeds and is allowed. The order dated 28.12.2024 placing the petitioner under suspension is hereby quashed. 8. However it is made clear that quashing of the suspension order will preclude the respondents from instituting departmental enquiry against the petitioner by preparing the charges in accordance with law and serving the same upon him and concluding the same as per relevant punishment and appeal rules. Order Date :- 22.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad