Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79268 Court No. - 4 Case :- WRIT - A No. - 6570 of 2025 Petitioner :- Ram Avatara Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sarvanand Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Sarvanand Pandey, learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of this petition filed under Article 226 of the Constitution of India, petitioner has questioned the order of suspension dated 02.04.2025 on the ground that because of injury sustained by him on 01.04.2025, he could not report for duty and as a result of which he was absent. He placed reliance upon the OPD record which has been brought on record as Annexure No.4 to this petition to take plea that he suffered injury on 01.04.2025. However, from the OPD Card it reflects that petitioner's registration took place on 31.03.2025 itself at 10:58 AM.
3. It, therefore, transpires that petitioner had gone to the hospital on 31.03.2025 itself and it is the petitioner's own admission that he suffered injury on 01.04.2025.
4. In the given circumstances, I decline to grant indulgence in the
order of suspension, however, since there is a charge of absence from duty of only one day, I consider it appropriate to expedite the disciplinary proceedings to protect the interest of such employee. The law is well settled that suspension is no punishment.
5. In the circumstances, following directions are issued: (i) In the first instance, the respondent concerned to serve a duly approved charge sheet upon the petitioner, if already not served, within two weeks of production of certified copy of this order. (ii) Petitioner shall submit reply to the charge-sheet within a further period of 3 weeks. (iii) If petitioner wants any document in order to make his reply
effective, he may apply for the same within two weeks' time from the date of issuance of certified copy of this order and such request will be acceded to by the inquiry officer and in the event, documents are such that copies whereof cannot be supplied, then petitioner would be permitted to peruse the same within the next two weeks. In the circumstances, supplementary reply, if any, will be submitted by the petitioner within a further period of 3 weeks after the expiry of the aforesaid 3 weeks of perusal of document. (iv) With the submission of supplementary reply, the departmental inquiry in the matter of charge-sheet shall be concluded within next 30 days' time giving due participation to the petitioner in oral inquiry. (v) After the inquiry report is submitted, disciplinary authority shall proceed to pass final order in the matter by strictly following the procedure prescribed under relevant punishment and appeal rules and also by abiding principles of natural justice. (vi) For the period petitioner remains under suspension, he shall be entitled to receive subsistence allowance and if any amount towards subsistence allowance has remained unpaid, the same shall be also cleared within 3 weeks from the date of production of certified copy of this order. (vii) It is further provided that in the event despite due cooperation rendered by the petitioner, the disciplinary proceedings are not concluded within the time frame prescribed hereinabove, the order of suspension dated 17.02.2025 shall stand revoked and petitioner would be reinstated with salary.
6. With aforesaid observations and directions, this petition stands
disposed of.
Order Date :- 14.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad