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2025 DAILYLAW 83858 (ALL)

VIPIN SINGH BHADAURIYA v. STATE OF U.P. AND 3 OTHERS

WRIA/11352/2025 · 2025-08-07

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134625 Court No. - 4 Case :- WRIT - A No. - 11352 of 2025 Petitioner :- Vipin Singh Bhadauriya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Dhar Dubey,Vivek Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Vidya Datt Dubey, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of suspension on the ground that there is no iota of evidence available with the respondents in respect of the allegations made in the order of suspension. 3. Per contra, it is argued by learned Standing Counsel that the abuse and the language used by the petitioner, verification of that can only be subject matter of domestic inquiry when the witnesses are examined and cross-examined and hence this Court may not interfere with the order of suspension at this stage. 4. Having heard learned counsel for the respective parties and having perused the records particularly the allegations that have come up to be made in the order of suspension, I consider it appropriate for the petitioner to face the domestic inquiry at the first instance. However, I am also of this view that since petitioner is under suspension, he should not remain under suspension for a prolonged period for pending enquiry and hence I proceed to pass following order: (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 :- 8.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad