SUNIL KUMAR VISHWAKARMA v. STATE OF U.P. AND 3 OTHERS
WRIA/7209/2025 · 2025-05-21
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61415 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86858 Court No. - 4 Case :- WRIT - A No. - 7209 of 2025 Petitioner :- Sunil Kumar Vishwakarma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Kamal Kumar Kesherwani, learned counsel for the petitioner as well as learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has challenged the order of suspension dated 09.05.2025 on the ground that charges are vague.
3. Per contra it is argued by learned Standing Counsel that the charges are not vague rather serious as petitioner has been found to be guilty of dereliction in discharge of duty regarding cleanliness for which he has been appointed.
4. It is submitted that the petitioner being Safai Karmi it is principal duty cast upon him to ensure that the cleanliness is maintained in the Panchayat concerned/ area to which he has been appointed and assigned duty to clean.
5. Having heard learned counsel for the respective parties and having perused the record, the allegations made in the suspension
order, I decline to grant any indulgence in the matter, however, looking to the charges it is expected that the petitioner will be improving himself and hence disciplinary proceedings should be expedited. 6. In such circumstances, therefore, I decline to grant indulgence in the matter of suspension at this stage, however, I am also equally of the view that no employee can remain under suspension for a very long time and hence inquiry needs to be expedited to protect the interest of such employee as the law is well settled that suspension is no punishment. The copy of the charge-sheet has already been served upon the counsel for the petitioner in Court along with the instructions and it will be taken as service of charge-sheet served upon the petitioner himself. 7. In the circumstances, therefore, this petition stands disposed of
with a direction to the petitioner to submit reply to the charge- sheet within a maximum period of 3 weeks from today. However, if the petitioner wants any document in order to make his reply effective, he may apply for the same within a week's time from today and such request will be acceded to by the inquiry officer and in the event, documents are such, copies whereof cannot be supplied then petitioner would be permitted to peruse the same within the next three weeks. In the circumstances, reply will be submitted by the petitioner within a further period of 3 weeks after the expiry of the aforesaid 3 weeks period. With the submission of reply, the departmental inquiry in the matter of charge-sheet shall be concluded within the 30 days' time giving due participation to the petitioner in the oral inquiry. After the inquiry report is submitted, disciplinary authority shall proceed to pass final order in the matter strictly following the procedure prescribed under relevant disciplinary rules and also in consonance with the principles of natural justice. 8. For the period petitioner remains under suspension, he shall be entitled to receive the subsistence allowance and if any subsistence allowance remains unpaid, the same shall be also cleared within 3 weeks from today. It is further provided that in the event despite due cooperation rendered by the petitioner, disciplinary proceedings are not concluded within the time period prescribed hereinabove, the order of suspension dated 09.05.2025 shall stand revoked and petitioner would be entitled to reinstatement and also salary. 9.
With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 22.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad