Neutral Citation No. - 2025:AHC:141227 Court No. - 4 Case :- WRIT - A No. - 10772 of 2025 Petitioner :- Deepak Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhijeet Pratap Singh,Rishi Kant Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 15.07.2025 passed by respondent no. 3 placing the petitioner under suspension. 3. It is contended on behalf of the petitioner that since the petitioner has been given additional charge of BRC, Saiyan in respect of which it is alleged that food grant was not distributed properly, petitioner could not have been saddled with the liability. He also claimed that the charges were not such which could have amounted to major penalty. 4. Learned Standing Counsel in compliance of the last order of this Court has brought the instructions along with the preliminary fact finding report dated 15.07.2025 of District Basic Education Officer, Agra which are taken on record in which prima facie petitioner has been indicted of a charge and hence a domestic enquiry has been considered a must. 5. In the given facts and circumstances of the case, petitioner while was found prima facie guilty of the charge to set into motion disciplinary proceedings against him, I consider it not appropriate to stay the suspension order at this stage. In so far as the argument advanced by learned counsel for the petitioner that charges are not serious enough so as to invite major penalty, is concerned, I do not find the argument to be sustainable as misappropriation of money meant for the students cannot be taken lightly and it is a serious misconduct on the part of officer, if found guilty. However, while making this above observation I am only clarifying legal position and it is for the enquiry officer to prove the charges in domestic enquiry after making assessment and appreciation of evidence brought on record both by the department as well as the petitioner. 6. In the circumstances, therefore, I decline to grant indulgence in the matter at this stage. However, I am also of this view that since petitioner is under suspension since July, 2025, he should not remain under suspension for a prolonged period only for pending enquiry and hence I proceed to pass following order: 7. Accordingly, following directions are issued: (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 attached/ working. (g). In the event disciplinary proceedings is not concluded within the time prescribed above despite due cooperation of the petitioner, the suspension of the petitioner shall stand revoked and petitioner shall be reinstated with pay. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 19.8.2025 IrfanUddin WRIA No. 10772 of 2025 2 Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad