Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111476 Court No. - 4 Case :- WRIT - A No. - 8337 of 2025 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Shri Sudarshan Singh, learned counsel for petitioner and learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution petitioner has assailed the suspension order dated 01.06.2025 on the ground that he was not on duty on the date when recovery of certain amount of cash was made from the jail inmates.
3. Learned Standing Counsel submits that petitioner has already been served with the charge sheet and it is a defence which is being taken now by the petitioner which he could take before the enquiry officer.
4. Considering the overall facts and circumstances of the case and the allegations made in the order of suspension, I decline to grant indulgence in the matter at this stage, however, I am also of the view that the petitioner should not be made to continue for long under suspension for delay in enquiry. I consider it appropriate to expedite the matter of departmental enquiry and the disciplinary proceedings as well accordingly following directions are issued: (i) The departmental inquiry shall be conducted in the matter and concluded in accordance with law as per the procedure prescribed and following the relevant rules permitting due participation of the petitioner and at the same point of time petitioner is also placed under obligation to render his cooperation in the departmental inquiry. The departmental inquiry in all circumstances will be concluded within three months from today. (ii) Petitioner shall be paid entire arrears of subsistence allowance within two weeks from today and shall be paid the subsistence allowance so long as he continues under suspension.
5. However, it is further provided that in the event of non compliance of either of the two directions issued herein above, the
order of suspension dated 01.06.2025 will stand revoked and petitioner shall stand reinstated in service and shall be paid salary. However, reinstatement shall abide by the final order to be passed in the matter of disciplinary proceedings.
Order Date :- 11.7.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad