RAMSARAN SINGH @ MUNNU SINGH v. STATE OF U.P. AND 2 OTHERS
WRIA/10471/2025 · 2025-07-27
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78935 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78935 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:123612 Court No. - 5 Case :- WRIT - A No. - 10471 of 2025 Petitioner :- Ramsaran Singh @ Munnu Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devraj Rajvedi Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Devraj Rajvedi, learned counsel for petitioner and Sri Harsh Vardhan Gupta, Advocate for Respondents-2 and 3.
2. Petitioner is under suspension since 28.07.2023, i.e., for more than two years, however, till date departmental inquiry is not concluded.
3. Learned counsel for petitioner submits that a charge sheet was issued on 28.03.2024 and according to his instruction petitioner has filed reply to it. He further submits that presently inquiry is not proceeded further since earlier Inquiry Officer has refused to conduct inquiry and new Inquiry Officer is still not appointed.
4. Learned counsel appearing for Respondents-2 and 3 submits that he has not received any instruction despite this writ petition was served upon him on 22.07.2025. He submits that in aforesaid circumstances, if reply has already been submitted, inquiry will be concluded within four weeks from today with cooperation of petitioner.
5. Learned counsel for petitioner assures that petitioner will cooperate in inquiry.
6. In aforesaid circumstances and specially taking note of the fact that petitioner is under suspension for more than two years and till date, inquiry is not concluded as well as assurance given by
learned counsel for respondents, this writ petition is disposed of with observation that in case disciplinary inquiry is not concluded within a period of four weeks from today, subject to cooperation of petitioner, impugned suspension order dated 28.07.2023 shall be kept in abeyance, subject to outcome of disciplinary proceedings.
7. It is further observed that in case subsistence allowance is still not paid to petitioner, the same shall be paid, subject to verification and if petitioner is forced to approach this Court again for same relief, it will be a ground to pass adverse order against concerned respondents, including recovery of unpaid subsistence allowance from their salary accounts.
Order Date :- 28.7.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad