Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77950 Court No. - 4 Case :- WRIT - A No. - 6528 of 2025 Petitioner :- Ravindra Singh Arya Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Himanshu Singh, learned Advocate holding brief of Sri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Petitioner in this case is aggrieved by the order of suspension dated 15th February, 2024 and also the chargesheet dated 4th March,
2024. The submission advanced by learned counsel for the petitioner is that charges leveled in the chargesheet are absolutely ill founded as petitioner had submitted his joining at the transferred place immediately after representation came to be rejected and he was intimated regarding the same. It has also contended by learned Senior Advocate that petitioner has not been paid any subsistence allowance as per the rules and for this reason also the disciplinary proceedings are liable to go. Per contra, learned Standing Counsel submits that in the matter of chargesheet, inquiry has come to be concluded and petitioner was issued with show cause notice dated 29th July, 2024, to which petitioner has already submitted reply on 15th August, 2024. Upon a pointed query being made as to why then final decision has yet not been taken in the matter, learned Standing Counsel submits that the disciplinary authority will conclude the disciplinary proceedings in a specified period of time that may be fixed by the Court. In view of the allegation made by petitioner that he has been placed under suspension and subjected to the disciplinary inquiry without there being any charge prima facie established against
him, I consider it appropriate for the disciplinary authority to conclude the disciplinary proceedings against the petitioner within a maximum period of six weeks from the date of presentation of certified copy of this order. It is further clarified that entire subsistence allowance to which petitioner is entitled in law shall be paid to him within the said period.
Since all the formalities have already been completed in terms of departmental inquiry, show cause notice and reply to that by the petitioner, the disciplinary authority will not any further linger on the matter and it is provided that in the event disciplinary proceedings do not stand concluded within the time framed prescribed herein above, the order dated 15th February, 2024 placing the petitioner under suspension shall stand automatically revoked with reinstatement of the petitioner and payment of salary. Order Date :- 13.5.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad