Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 53995 (ALL)

HARI NARAYAN YADAV @ HARI NARAYAN v. STATE OF UTTAR PRADESH AND ANOTHER

WRIA/6046/2025 · 2025-07-23

Saurabh Shyam Shamshery

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:121691 Court No. - 5 Case :- WRIT - A No. - 6046 of 2025 Petitioner :- Hari Narayan Yadav @ Hari Narayan Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Tanya Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Petitioner is under suspension since 15.01.2025 and according to his advocate Ms. Tanya Mishra, till date inquiry has not been initiated. 2. Sri Yashwant Singh, learned counsel for respondents and Sri P.K. Shahi, learned Additional C.S.C., on instructions, submit that recently a charge sheet has been filed and same has been dispatched by speed post to petitioner. 3. Learned counsel for petitioner has no instructions in this regard that petitioner has received charge sheet. 4. Court takes note of other argument of learned counsel for petitioner that impugned order is passed by an incompetent authority and she has placed reliance upon a Full Bench judgment of Ram Chandra Pandey vs. District Administrative Committee, U.P. Primary Agricultural Cooperative Credit Societies Centralized Services, Bahraich through its Member Secretary, 1997 (3) UPLBEC 1747, however, said argument would have no legal basis since Full Bench in paragraph 17(2) to Answers to Questions has held that “When the District Assistant Registrar is himself a Member/Secretary of the District Committee, he can suspend a member of Centralized Service without any concurrence of Assistant Registrar”, therefore, said argument is rejected. 5. This Court also takes note that petitioner is under suspension for last more than 7 months and only after filing of this writ petition, respondents have issued a charge sheet, therefore, this writ petition is disposed of that with cooperation of petitioner, if the disciplinary proceedings are not concluded within 6 weeks from today, impugned suspension order shall be kept in abeyance, subject to outcome of disciplinary proceedings. Order Date :- 24.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad