Neutral Citation No. - 2025:AHC:103716 Court No. - 4 Case :- WRIT - A No. - 8281 of 2025 Petitioner :- Ashok Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kr. Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Instructions placed today by learned Additional Chief Standing Counsel is taken on record. 2. Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner as well as learned Additional Chief Standing Counsel appearing for the State. 3. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of suspension dated 24.05.2025 on the ground that the charges leveled against the petitioner do not have much substantial evidence in support thereof. 4. It is submitted by learned Additional Chief Standing Counsel that preliminary fact finding inquiry was conducted and in the spot inspection certain irregularities were detected in liquor contained in the bottle and accordingly it is a case where a thorough fact finding regular inquiry should be conducted which is now in contemplation. 5. Having heard learned counsel for the respective parties and having perused the records as well as the instructions placed today before the Court and the allegations that have come up in the suspension order, I do not find it to be a fit case for interference at this stage. However, the Court is also of the considered view that in the matter of suspension where inquiry is contemplated, the same should be proceeded with and concluded as per the procedure prescribed under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 and also within a prescribed period of time and suspended employee should be made to continue for an indefinite period. 6. In the circumstances, following directions are issued: (i) In the first instance, the respondent concerned to serve a duly approved charge sheet upon the petitioner, if already not served, within two weeks of production of certified copy of this order. (ii) Petitioner shall submit reply to the charge-sheet within a further period of 3 weeks. (iii) If petitioner wants any document in order to make his reply effective, he may apply for the same within two weeks' time from the date of issuance of certified copy of this order and such request will be acceded to by the inquiry officer and in the event, documents are such that copies whereof cannot be supplied, then petitioner would be permitted to peruse the same within the next two weeks. In the circumstances, supplementary reply, if any, will be submitted by the petitioner within a further period of 3 weeks after the expiry of the aforesaid 3 weeks of perusal of document. (iv) With the submission of supplementary reply, the departmental inquiry in the matter of charge-sheet shall be concluded within next 30 days' time giving due participation to the petitioner in oral inquiry. (v) After the inquiry report is submitted, disciplinary authority shall proceed to pass final order in the matter by strictly following the procedure prescribed under relevant punishment and appeal rules and also by abiding principles of natural justice. (vi) For the period petitioner remains under suspension, he shall be entitled to receive subsistence allowance and if any amount towards subsistence allowance has remained unpaid, the same shall be also cleared within 3 weeks from the date of production of certified copy of this order. (vii) It is further provided that in the event despite due cooperation rendered by the petitioner, the disciplinary proceedings are not concluded within the time frame prescribed hereinabove, the order of suspension dated 24.05.2025 shall stand revoked and petitioner would be reinstated with salary. 7. With aforesaid observations and directions, this petition stands disposed of. Order Date :- 3.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad