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2025 DAILYLAW 62135 (ALL)

SUNIL KUMAR TIWARI v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/7496/2025 · 2025-05-26

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90307 Court No. - 4 Case :- WRIT - A No. - 7496 of 2025 Petitioner :- Sunil Kumar Tiwari Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Bholeshwar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Bholeshwar, learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for quashing of suspension order. 3. The plea taken is that petitioner has been placed under suspension on account of pending departmental enquiry but the subject matter of enquiry is the same as the allegations have come out to be made in the criminal case. 4. Upon a pointed query being made learned counsel for petitioner could not demonstrate before the Court any provision applicable to the Home Guard Volunteers which may provide for stay over and above the departmental proceedings during the pendency of the criminal case. 5. In the given facts and circumstances of the case, therefore, I decline to grant indulgence in the matter at this stage, however, it provided that departmental enquiry shall be concluded against the petitioner within a maximum period of three months from the production of certified copy of this order and in the event departmental enquiry and disciplinary proceedings do not stand concluded as directed hereinabove, within the period prescribed despite due cooperation rendered by the petitioner, the order of suspension dated 28.04.2025 shall stand revoked and the petitioner will be entitled to reinstatement with payment of wages to which he is entitled as Home Guard Volunteer. Order Date :- 27.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad