ARPIT CHAUDHARY @ ARPIT CHAUHAN v. STATE OF U.P. AND 4 OTHERS
WRIA/6367/2025 · 2025-05-11
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56020 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56020 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77292 Court No. - 4 Case :- WRIT - A No. - 6367 of 2025 Petitioner :- Arpit Chaudhary @ Arpit Chauhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey 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 questioned the order of suspension dated 29.04.2025. Submission advanced by learned counsel for the petitioner is that since the petitioner's civil service examinations were due to be held, he applied for earned leave from 15.04.2025 to 24.05.2025 on 07.04.2025. Upon a pointed query being made, learned counsel for the petitioner could not demonstrate as to whether earned leave was sanctioned or not. In the given facts and circumstances of the case, since the petitioner proceeded on leave without getting the earned leave sanctioned, prima facie it amounts to misconduct and hence I decline to grant indulgence in the matter of suspension order dated 29.04.2025 at this stage. However, since petitioner has been charged only for being absent from duty on account of his earned leave not being sanctioned in advanced, I consider it appropriate to expedite disciplinary proceeding. Learned Standing Counsel does not have any objection in the event disciplinary proceedings is directed to be expedited and brought to its logical end in accordance with law. In view of the above, this petition stands disposed of with a direction to the disciplinary authority to conclude the disciplinary proceedings initiated against the petitioner with the order of suspension dated 29.04.2025 within a maximum period of three months from the date of receipt of certified copy of this order. Petitioner is directed to cooperate in the disciplinary proceeding.
Petitioner shall also be paid subsistence allowance for the period he remained under suspension. However, it is clarified that in the event disciplinary proceeding is not finally concluded as per the directions issued herein above and despite due cooperation of the petitioner, the order of suspension dated 29.04.2025 shall stand revoked and petitioner shall be reinstated in service and shall be paid salary. Order Date :- 12.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad