Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132434 Court No. - 4 Case :- WRIT - A No. - 11178 of 2025 Petitioner :- Sanjay Kumar Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jitendra Singh,Sonam Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has challenged the order of suspension dated 26th July, 2025 on the ground that it has been passed without holding any preliminary fact finding inquiry in the matter. It is submitted by learned counsel for the petitioner that petitioner was not put to notice to enquire about the factum of placing mobile inside the bag and yet he has been placed under suspension. Per contra, it is argued by learned Standing Counsel that this is the defence taken by the petitioner that he was not the person who had placed mobile phone inside the bag which, according to him, can only be proved by a duly held fact finding inquiry. In the given facts and circumstances of the case, when an specific allegation has come to be made against the petitioner, I decline to grant indulgence in the matter at this stage. However, I am also in the considered view that when no preliminary fact finding inquiry is held, the matter of inquiry should be expedited so that petitioner is not continued under suspension for a prolong period. In the circumstances, this petition stands disposed of with the following directions: (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.
Order Date :- 6.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad