Neutral Citation No. - 2025:AHC:87157 Court No. - 6 Case :- WRIT - A No. - 25699 of 2018 Petitioner :- Soni Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Kumar Shukla,Anil Kumar Chaurasia Counsel for Respondent :- C.S.C.,Krishna Nand Rai,Ras Bihari Pradhan Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ajit Kumar Shukla, learned counsel for petitioner and Sri Brijendra Mani Shukla, learned Standing Counsel for State-Respondents. 2. This writ petition is pending for last seven years. 3. This Court passed following order on 06.12.2018: “Heard learned counsels for the parties. Learned counsel for the petitioner states that though the order has been passed on 30.10.2018 but till date no charge sheet has been given to him. He also states that there is no inquiry in contemplation. Per contra, Sri Krishna Nand Rai, learned counsel appearing for Committee of Management that the inquiry committee has been constituted only yesterday and the charge sheet has been prepared. From the statement that has been made by the counsel for caveator/ respondent it appears that the charge sheet has been prepared only after notice of writ petition on caveat has been served upon him and therefore, the committee of management proceeded to prepare charge sheet immediately to put up caveat to the interim application to be considered by this Court. From the perusal of the order of suspension, impugned dated 30.10.2018 it clearly transpires that there is no inquiry in contemplation and therefore, in view of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 as adopted under the U.P. Basic Education Staff Rules, 1973, there cannot be a suspension without inquiry in contemplation. Matter requires consideration. Sri R.B. Pradhan, learned counsel for respondent no. 2 and Sri K.N. Rai, learned counsel for respondent no. 3 are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, be filed within two weeks thereafter. List immediately after expiry of aforesaid period. In the meanwhile, until further orders of this Court, the effect and operation of impugned order dated 30.10.2018 shall remain stayed and the petitioner shall be entitled for the payment of salary as admissible in law. However, passing of this order or pendency of the present writ petition, will not in any manner preclude the respondent Committee of Management from proceeding with the inquiry and bringing it to its logical end and the consequential action thereupon. The petitioner undertakes to cooperate in the inquiry.” 4. Learned counsel for petitioner submits that petitioner got benefit of aforesaid interim order and according to his instructions neither any charge sheet was submitted nor inquiry was conducted. 5. Learned Standing Counsel appearing for State-Respondents has no instruction. 6. In aforesaid circumstances, since by way of above referred order, suspension order was stayed, therefore, aforesaid interim order dated 06.12.2018 is made absolute, subject to outcome of inquiry, if any. 7. The writ petition is accordingly disposed of. Order Date :- 22.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad