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2025 DAILYLAW 60148 (ALL)

TINKU KUMAR v. STATE OF UP AND 2 OTHERS

WRIA/7012/2025 · 2025-05-19

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84151 Court No. - 4 Case :- WRIT - A No. - 7012 of 2025 Petitioner :- Tinku Kumar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Seemant Singh, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India,the petitioner has challenged the impugned suspension order dated 10.06.2024. 3. It is submitted by learned counsel for the petitioner that the petitioner has been reinstated in service vide order dated 30.04.2025 but in so far as the payment of salary for the period petitioner has remained under suspension is concerned, it is provided that the decision will be taken later on. Learned counsel for the petitioner further states that no departmental enquiry has been instituted against the petitioner as no any chargesheet was issued to him at that point of time. In the circumstances respondents were not justified in deferring the matter for the payment of salary for the period he has remained under suspension. 4. Learned Standing Counsel for the State submits that this order dated 12.05.2025 is not challenged before this Court and therefore, the petitioner may be directed to make representation before the competent authority who shall take decision in the matter. 5. In view of the above,this petition stands disposed of with direction to the petitioner to make the representation against the part of the order dated 25.02.2025 whereby the decision as to the claim of payment of salary of the petitioner for the period he has remained under suspension has been deferred. It is further provided that in the event petitioner makes a representation within four weeks from the date of presentation of certified copy of this order, the Superintendent of Police, Fatehgarh shall decide the same within a period of six weeks. 6. It is further provided that in the event no disciplinary proceeding has ever being initiated against the petitioner or no show cause notice was issued to him in the matter of allegation upon which petitioner was placed under suspension, authority shall be releasing the salary of the petitioner for the period he has remained under suspension, within six weeks of production of certified copy of this order. Order Date :- 20.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad