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Neutral Citation No. - 2025:AHC:80761 Court No. - 4 Case :- WRIT - A No. - 6229 of 2025 Petitioner :- Kuldeep Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R. B. Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri R.B. Tripathi, 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, the petitioner has questioned the suspension order dated 02.04.2025. 3. Learned Standing Counsel for the State submits that the petitioner has been placed under suspension on account of his non-action on illegal encroachment of the public land and it was for the Revenue Inspector who got first information report lodged in connection with Case Crime No.0029 of 2025. Looking to the allegations made under the suspension order and also copy of the first information report that has been filed as Annexure no.2 to the writ petition. 4. I am of the considered view that the matter requires to be investigated by the enquiry officer at the first instance and hence, I decline to grant indulgence in the matter of suspension. However, the charge is to the effect that the petitioner did not get the encroachment reported in time so that appropriate action could have been taken. 5. 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. 6. 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 a 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 remains under suspension shall depend upon the final outcome of disciplinary proceedings. Order Date :- 15.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad