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2025 DAILYLAW 75197 (ALL)

ARUN KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/9734/2025 · 2025-07-16

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115493 Court No. - 5 Case :- WRIT - A No. - 9734 of 2025 Petitioner :- Arun Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- C.S.C.,Devesh Vikram Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Pranesh Kumar Mishra, learned counsel for the petitioner and Sri Devesh Vikram for respondent nos. 2 and 3. 2. Petitioner is a Junior Engineer with Electricity Distribution Division, Kasaya, Kushinagar. 3. Petitioner was placed under suspension vide order dated 4.4.2025, on alleged ground that revenue collection remained below the target. 4. Learned counsel for the petitioner submits that impugned suspension order does not contemplate any disciplinary proceedings. There are various arguments that grounds taken in the suspension order may not be legally justified. No Inquiry Officer has still been appointed and the petitioner is under suspension for last more than 3 months, therefore, suspension order be kept in abeyance or be revoked. 5. Learned counsel for the respondents on basis of limited instructions submits that if no Inquiry Officer is appointed till date and no charge-sheet is given to the petitioner, same shall be done within a period of two weeks from today and with co-operation of petitioner, inquiry will be concluded within a period of 8 weeks thereafter. 6. I have considered the above submissions and perused the records. 7. It is a fact that in the impugned suspension order, no disciplinary proceedings was contemplated as well as till date according to instructions available with learned counsel for the parties, inquiry report is not supplied and petitioner is under suspension for last more than 3 months, therefore, this writ petition is disposed of with a direction that in case, no charge-sheet is submitted within a period of two week from today, suspension order shall be deemed to be kept in abeyance and in case after submission of charge-sheet within above period and reply to the charge-sheet is submitted within a period of two weeks thereafter, if the disciplinary proceedings are not concluded within a period of six weeks thereafter subject to co-operation of petitioner, impugned suspension order shall be deemed to be kept in abeyance, subject to outcome of disciplinary proceedings. Order Date :- 17.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad