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Neutral Citation No. - 2025:AHC:128227 Court No. - 52 Case :- WRIT - A No. - 10831 of 2025 Petitioner :- Rajeev Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Gaurav Tripathi, learned counsel for the petitioner and Mr. Brijendra Mani Shukla, learned A.G.A. for the State-respondents.
2. The present petition has been filed with following prayer:-
"i. Issue writ, order or direction in the nature of certiorari to quash the suspension
order dated 18.02.2025 bearing No. 058/कक डर-
सथथ ननलमबन/2024-25 issued by respondent no. 2(Annexure No.1) ii. Issue writ order, or direction in the nature of mandamus commanding the respondents to conclude the departmental enquiry against the petitioner within 15 days. iii. Issue a writ order or direction in the nature of mandamus commanding the respondents to allow the petitioner to work as Cader Secretary B-Pax Cooperative Kayamganj West Farukkabad."
3. At the very outset, the learned Standing Counsel for the State-respondents submits that suspension order of the petitioner has been passed for contemplation of inquiry and a show-cause notice has also been issued to him, to which he has submitted his reply, dated 22.04.2025. He further submits that the inquiry will be concluded at the earliest.
4. It is a trite law that the suspension is not a punishment. The Supreme Court in the case of Public Services Tribunal Bar Association Vs. State of U.P. and another, (2003) 4 SCC 104, has held that ordinarily the High Court should not stay suspension, transfer and termination orders.
5. The learned Counsel for the petitioner has failed to satisfy the Court that the suspension order has been passed in violation of any rule or is based on malafide. Accordingly, no interference is called for.
6. The writ petition is disposed of with a direction to the concerned respondent to conclude the disciplinary proceedings/inquiry expeditiously, preferably within a period of two months, subject to cooperation of the petitioner. It is needless to say
that in case the inquiry is not concluded within the aforesaid period, as stipulated by this Court, the concerned respondents may revisit the suspension order, in accordance with law, if there is no legal impediment.
Order Date :- 31.7.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad