KUSUM LATA v. THE CHAIRMAN, BOARD OF DIRECTORS UTTAR PRADESH FINANCIAL CORPORATION / COMMISSIONER INFRASTRUCTURE
WRIA/10410/2025 · 2025-08-11
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78491 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136724 Court No. - 5 Case :- WRIT - A No. - 10410 of 2025 Petitioner :- Kusum Lata Respondent :- The Chairman, Board Of Directors Uttar Pradesh Financial Corporation / Commissioner Infrastructure And Industrial Development And 2 Others Counsel for Petitioner :- Bheem Singh,Supragya Ram Mishra Counsel for Respondent :- Mohd. Saleem Khan Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Satyaveer Singh, Advocate holding brief of Sri S.R. Mishra, learned counsel for petitioner and Sri Mohd. Saleem Khan, learned counsel for respondents.
2. Petitioner was put under suspension by an order dated 24.01.2023 as he was allegedly involved in a trap. Now petitioner has attained age of superannuation on
31.07.2025. According to learned counsel for petitioner, a charge sheet was served upon petitioner on same day.
3. Learned counsel for petitioner submits that petitioner has challenged proceedings arising out of FIR by way of filing an Application U/s 482 No. 16470 of 2024 and Coordinate Bench of this Court vide order dated17.05.2024 has stayed further proceedings. Said application is still pending.
4. Learned counsel also refers Regulation 39 and 40 (B) of U.P. Financial Corporation Staff Regulations, 1961 to emphasize that in aforesaid circumstances, suspension
order ought to have been kept in abeyance.
5. Learned counsel for respondents submits that there is no direct relation between order dated 17.05.2024 passed by Coordinate Bench of this Court and order of suspension and now petitioner has already attained age
of superannuation as well as a charge sheet has already been served upon petitioner in disciplinary proceedings, which are not under challenge, therefore, no interference is required.
6. I have considered above submissions and perused the records.
7. Petitioner was put under suspension by impugned
order dated 24.01.2023 on the ground that he was arrested in a trap. Challenge to criminal proceedings is pending before coordinate Bench of this Court wherein there is a stay of further proceedings.
8. I have considered submissions based on aforesaid regulations, however, I do not find any immediate consequence of the order whereby criminal proceedings were stayed so much as that suspension order would become inoperative.
9. I have also considered that now petitioner has retired, therefore, now effect of suspension order does not survive. Therefore, prayer sought has in fact become infructuous and consequence of outcome of Application U/s 482 No. 16470 of 2024 will follow in accordance with law as well as since disciplinary proceedings are already commenced, therefore, its legal consequence shall also follow in accordance with law.
10. Petitioner’s claim for retiral dues, if any, will be considered by respondents in accordance with law and decision shall be taken within a short period.
11. Writ petition stands disposed of with above observations and directions.
Order Date :- 12.8.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad