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2025 DAILYLAW 57054 (ALL)

MANOJ KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/6509/2025 · 2025-05-26

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90831 Court No. - 4 Case :- WRIT - A No. - 6509 of 2025 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Gaur Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Learned Standing Counsel has obtained instructions in the matter which are taken on record. A copy of which is also submitted to the learned counsel for the petitioner. Since now the petitioner has been served with the chargesheet in the matter of disciplinary proceedings, I decline to grant indulgence in the matter of order of suspension dated 7th January, 2025. However, in the given facts and circumstances of the case, I consider it appropriate to dispose of this petition with following directions: (i) In the first instance, petitioner shall submit reply to the charge- sheet within a period of three weeks from the date of production of certified copy of this order. (ii) 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. (iii) 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. (iv) 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. (v) 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. (vi) 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 7th January, 2025 shall stand revoked and petitioner would be reinstated with salary. Order Date :- 27.5.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad