Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11883 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the petitioner as well as learned Standing Counsel. Instructions placed today are taken on record. A copy of the instructions is also supplied to learned counsel for the petitioner. From the instructions in transpires that petitioner has been served with the charge sheet on 03.09.2025 well within 9 days of suspension order. Since learned counsel for the petitioner has been served with the instructions, petitioner shall be taken to have been duly served with the charge sheet. In the given facts and circumstances, when the charges have been leveled regarding misappropriation of public fund, I decline to grant indulgence in the matter, however, I am of the view that since the respondents have issued charge sheet after this Court called for instructions vide order dated 20.08.2025, I see no justification for keeping the petitioner under a prolonged suspension and as such following directions are issued: (a) Petitioner shall be submitting reply within next two weeks' time. (b) Once 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. Versus Counsel for Petitioner(s) : Ashok Kumar Dwivedi, Bhagwan Dutt Pandey Counsel for Respondent(s) : C.S.C. Niyaz Ahmad .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
(c). 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. (d) 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. (e) 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.
(f) 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. With the aforesaid observations and directions, this petition stands disposed of. September 9, 2025 IrfanUddin WRIA No. 11883 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad