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2025 DAILYLAW 75682 (ALL)

ASHOK KUMAR v. THE STATE OF U.P. AND 8 OTHER

WRIA/9781/2025 · 2025-07-16

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116340 Court No. - 4 Case :- WRIT - A No. - 9781 of 2025 Petitioner :- Ashok Kumar Respondent :- The State Of U.P. And 8 Other Counsel for Petitioner :- C.S.C.,Dharmraj Chaudhary,Pradeep Kumar Singh Hon'ble Ajit Kumar,J. Heard Sri Adarsh Singh, learned Advocate holding brief of Sri Dharmraj Chaudhary, learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order of suspension dated 5th June, 2025 on the ground that he remained posted at Gram Panchayat Janikaura only for 33 days whereas financial irregularities that have come to be surfaced out on account of audit for a period of 5 financial years and hence without taking any consideration of question as to whether petitioner was prima facie involved in such financial embezzlement charges or not, the authority has placed him under suspension. Per contra, it is argued by learned Standing Counsel that it is a matter of investigation as a fact finding inquiry report can only determine the liability of the petitioner or other employees who have been charged identically. Considering the facts and circumstances of the case, I consider it more appropriate at this stage for the petitioner to face the inquiry by putting his defence whatever is there in his favour and hence I direct for expeditious disposal of the inquiry only at this stage. In the circumstances, this petition stands disposed of with the following directions: (a). Petitioner shall be served with chargesheet within a period of three weeks from today. (b). Soon after the chargesheet is served upon the petitioner, as directed herienabove, petitioner shall be submitting reply within next two weeks' time. (c). If petitioner submits reply as directed hereinabove, the 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. (d). After the departmental inquiry is concluded as directed hereinabove, the disciplinary authority shall proceed to pass final order in the matter in full compliance of the principles of natural justice within the next six weeks' time. (e). 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. (f). Petitioner shall continuously be paid his subsistence allowance if he continues to sign the attendance register and continues to report in the office where he has been working. Order Date :- 17.7.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad