Neutral Citation No. - 2025:AHC:134702 Court No. - 4 Case :- WRIT - A No. - 11390 of 2025 Petitioner :- Rajendra Prasad Gaur Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Shishir Kumar,Sweta Gaur Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Shishir Kumar, learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has assailed the order of suspension on the ground that no preliminary fact finding enquiry was held in the matter before passing the order of suspension. 3. Per contra it is argued by learned Standing Counsel that petitioner has shown gross misconduct in not receiving the relevant letter/ notice issued to him to show cause. 4. In the circumstance therefore, when the petitioner takes a plea that he has not been served with any such letter this could be a valid defence to be set up in the domestic enquiry. 5. Having heard learned counsel for the respective parties and considering the allegations made in the suspension order I consider it appropriate for the petitioner to face the domestic enquiry. However, I am also of the view that petitioner should not be place on a prolonged suspension only in the name of pending disciplinary enquiry. Accordingly following orders are passed: (i) In the first instance, the respondent concerned to serve a duly approved charge sheet upon the petitioner, if already not served, within two weeks of production of certified copy of this order. (ii) Petitioner shall submit reply to the charge-sheet within a further period of 3 weeks. (iii) If petitioner wants any document in order to make his reply effective, he may apply for the same within two weeks' time from the date of issuance of certified copy of this order and such request will be acceded to by the inquiry officer and in the event, documents are such that copies whereof cannot be supplied, then petitioner would be permitted to peruse the same within the next two weeks. In the circumstances, supplementary reply, if any, will be submitted by the petitioner within a further period of 3 weeks after the expiry of the aforesaid 3 weeks of perusal of document. (iv) With the submission of supplementary reply, the departmental inquiry in the matter of charge-sheet shall be concluded within next 30 days' time giving due participation to the petitioner in oral inquiry. (v) After the inquiry report is submitted, disciplinary authority shall proceed to pass final order in the matter by strictly following the procedure prescribed under relevant punishment and appeal rules and also by abiding principles of natural justice. (vi) For the period petitioner remains under suspension, he shall be entitled to receive subsistence allowance and if any amount towards subsistence allowance has remained unpaid, the same shall be also cleared within 3 weeks from the date of production of certified copy of this order. (vii) It is further provided that in the event despite due cooperation rendered by the petitioner, the disciplinary proceedings are not concluded within the time frame prescribed hereinabove, the order of suspension dated 17.02.2025 shall stand revoked and petitioner would be reinstated with salary. 6. With aforesaid observations and directions, this petition stands disposed of. Order Date :- 8.8.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad