RAM PRAKASH KULSHRESHTH v. STATE OF U.P. AND 3 OTHERS
WRIA/5838/2025 · 2025-05-01
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52274 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52274 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69718 Court No. - 4 Case :- WRIT - A No. - 5838 of 2025 Petitioner :- Ram Prakash Kulshreshth Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kishan Gautam,Prakash Kumar Shrivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard 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 prayed for quashing of the suspension
order dated 24.10.2024. Learned Standing Counsel on the contrary submits that petitioner has been served with charge sheet to which he has submitted reply on 21.11.2024 and hence this proceeding may be expedited. Looking to the suspension order, instructions placed before the Court and arguments advanced by learned Advocates appearing for respective parties, I consider it more appropriate to direct disciplinary authority to expedite the disciplinary proceedings, instead of interfering with the order of suspension at this stage. In view of the above, this petition stands disposed of with following directions: (i) The respondents to furnish the required documents for which demand has been raised by the petitioner within a period of two weeks of production of certified copy of this order. If the authority considers that the documents are confidential and copy thereof cannot be supplied, the enquiry officer shall permit the petitioner to peruse the documents within the same period. Petitioner shall submit his supplementary reply within further period of two weeks of perusal of documents. (ii) The entire departmental inquiry shall be concluded in the matter within one month of submission of supplementary reply by the petitioner and the petitioner shall be permitted to participate in inquiry. (iii) Soon after departmental inquiry is concluded, disciplinary authority shall proceed to take final decision in the matter strictly in accordance with the procedure prescribed by law and in
consonance with principles of natural justice. (iv) Petitioner shall be cooperating in the disciplinary proceeding throughout and shall be paid subsistence allowance for the period he remained under suspension. Subsistence allowance if not paid till date, shall be paid to the petitioner within three weeks from today. (v) 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 24.10.2024 shall stand revoked and the petitioner shall be reinstated and shall be paid salary as well. (vi) The salary for the period petitioner has remained under suspension shall depend upon the final outcome of disciplinary proceedings.
Order Date :- 2.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad