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2025 DAILYLAW 76488 (ALL)

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

WRIA/9943/2025 · 2025-07-20

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117767 Court No. - 5 Case :- WRIT - A No. - 9943 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Tripathi Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Om Prakash Tripathi, Advocate for petitioner, Sri P.K. Shahi, learned Additional Chief Standing Counsel for State-Respondents and Mrs. Anjali Upadhyay, Advocate for Respondents-2 and 3. 2. Petitioner was put under suspension by Respondent-1, Principal Secretary (Industrial Development Department), U.P. at Lucknow vide order dated 30.09.2024. 3. Learned Senior Advocate appearing for petitioner by referring documents annexed alongwith this writ petition, specially the documents dated 10.01.2025 and 05.05.2025 submits that Greater Noida Industrial Development Authority has already communicated the State that materials are not sufficient to take any disciplinary action against petitioner. 4. Learned counsel appearing for Respondents-2 and 3 submits that final decision has to be taken by State, i.e., Respondent-1. 5. Learned Additional Chief Standing Counsel submits that he has no instructions, however, the decision, if still not taken, will be taken within 15 days from today. 6. In aforesaid circumstances, taking note that petitioner is under suspension for more than nine months and till date no inquiry has commenced, rather there are contrary communication for Greater Noida Industrial Development Authority that materials are not sufficient to initiate any departmental inquiry against petitioner, and, since the final decision has to be taken by Respondent-1, therefore, this writ petition is disposed of with observation that if no final decision is taken within 15 days from today, the suspension order dated 30.09.2024 shall be kept in abeyance. Order Date :- 21.7.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad