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2025 DAILYLAW 55399 (ALL)

RIPUNJAY SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/6311/2025 · 2025-05-08

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75341 Court No. - 7 Case :- WRIT - A No. - 6311 of 2025 Petitioner :- Ripunjay Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajnish Kumar Srivastava,Siddharth Srivastava Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. It is submitted by learned counsel for the petitioner that petitioner is a class-III employee of the respondent-Institution. The charge-sheet was issued against petitioner on the allegations of financial fraud in respect of G.P.F. of teachers. The allegations against petitioner pertains to the fact that the G.P.F. papers of teachers were fraudulently prepared and the same were got processed by the authorities concerned. Thereafter, when the cheques were issued, petitioner has received the cheques of the teachers, opened different accounts and deposit the cheques and has withdraw the amount. 3. Learned counsel for the petitioner submits that by means of the impugned orders dated 27.03.2025 and 09.04.2025, petitioner has been asked to deposit a sum of Rs. 11,50,000/- although the documents in support of the charge has not been given to the petitioner. He further submits that petitioner is a class-III employee and has no power under law to withdraw from any account the amount, in question, as such petitioner is innocent. He further submits that even otherwise the criminal proceedings have already been lodged in respect of the aforesaid occurrence. 4. A perusal of the orders dated 27.03.2025 and 09.04.2025 would go to show that although the same recites the allegations against petitioner in the enquiry report, however, the present orders are only an option given to the petitioner to deposit the embezzled amount or to face disciplinary proceedings. 5. At this stage, petitioner has been given an option. It is for the petitioner either to accept the option or to face disciplinary proceedings. There is no question of challenge to the aforesaid orders at this stage, as the same does not, in any manner, affect the right of the petitioner as the petitioner is denying the allegations. The petitioner is required to face the disciplinary proceedings which according to learned counsel for the petitioner, petitioner is ready to face as the petitioner is innocent. 6. In view of the aforesaid, there is no cause arise to interfere with the orders dated 27.03.2025 and 09.04.2025, however, if the petitioner does not want to deposit the amount in pursuance to the impugned orders, then the respondent-authorities would be at liberty to proceed with the disciplinary proceedings and provide the petitioner with the documents in support of the charge against petitioner. The disciplinary proceedings would be concluded preferably within a period of six months. 7. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 9.5.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad