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Neutral Citation No. - 2025:AHC:114440 Court No. - 4 Case :- WRIT - A No. - 9642 of 2025 Petitioner :- Sonu Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudist Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Sudist Kumar, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has questioned the order of suspension in so far as it directs for the attachment of the petitioner to District Jail, Banda while the petitioner was placed under suspension working at Central Jail, Varanasi.
3. It is argued by learned counsel for the petitioner no transfer can be made out of the circle by an officer who cannot exercise power beyond circle and since the order was passed by the Senior Superintendent, Central Jail Varanasi, the authority had the power to exercise within the circle of Varanasi. However since the petitioner has been
directed to be attached at District Jail, Banda which falls in Chitrakoot circle, therefore, the order is without jurisdiction. It is contended that the petitioner has already represented the matter in this behalf to the respondent no.3 but till date no decision has been taken.
4. Learned Standing Counsel on the contrary submits that this is only an attachment order and it would not fall in the category of general transfer in respect of which the relevant Government Order has been issued on 19.04.2018. He further submits that the petitioner has already been issued with the chargesheet on 21.01.2025 to which the petitioner
has already submitted his detailed reply on 15.05.2025 and therefore, the disciplinary proceedings can ofcourse, be directed to be disposed of in accordance with law within a time bound period which this Court may consider appropriate. He further submits that the petitioner ought to have submitted his joining for attachment order passed on 10.12.2024 but he has remained absent only for the reasons that he has made representation before the competent authority. He further submits that District Jail Banda falls within the circle of Central Jail, Varanasi.
5. Upon a pointed query being made, learned counsel for the petitioner could not explain as to whether the petitioner submitted his joining pursuant to the order dated 10.12.2024 at Banda he could not give any reply.
6. Having heard learned counsel for the respective parties and having perused the record, in the given
facts and circumstances when the petitioner has already been served with the chargesheet on 21.01.2025 to which he has already submitted detailed reply on 15.05.2025, copy whereof has been brought on record as Annexure no.3 to the petition, I consider it appropriate at this stage to expedite the disciplinary proceedings.
7. Accordingly, this petition stands disposed of with following directions: (a) As the petitioner has submitted reply to the chargesheet, departmental inquiry shall be brought to its logical end in the next six weeks' time after due participation and cooperation of the petitioner in the departmental inquiry. (b). After the departmental inquiry is concluded as
directed hereinabove, the disciplinary authority shall proceed to conclude the disciplinary proceedings and pass final order in the matter in full compliance of the principles of natural justice within the next three months' time.
(c). Petitioner shall be cooperating in the inquiry throughout right from the submission of the reply to the chargesheet until the disciplinary proceeding is concluded. However, in the event petitioner does not render due support and cooperation in the inquiry, it will remain open for the Inquiry Officer to proceed with inquiry in accordance with law and submit the report before the disciplinary authority, who shall thereafter proceed strictly in accordance with law. (d). In the event disciplinary proceeding is not concluded within the time framed by this Court after due cooperation of the petitioner, the order of suspension dated 10.12.2024 shall stand revoked.
Order Date :- 16.7.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad