Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12195 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
1. In response to the previous orders of this Court, learned Standing Counsel has obtained instruction by placing the preliminary fact finding enquiry report, the same is taken on record. 2. From the perusal of the instruction, I find that in preliminary fact finding enquiry held in the matter, it clearly surfaced out that the Gram Sabha proceeded to construct a playground by including land reserved for hospital and this was therefore, clear illegality. Construction of a play ground and spending money for development of the same by including a land which is otherwise reserved for other purpose, was found to be prima facie illegal in which petitioner being Panchayat Secreatry was equally held responsible. 3. Having considered the report and having perused the order of suspension, I find that serious allegations have been levelled to this effect that the land reserved for hospital had included the playground. In such circumstances, therefore, I do not see any justification to interfere in the order impugned at this stage. Petiitoner may have valid defense to set up but that can be done Versus Counsel for Petitioner(s) : Babu Lal Ram, Pramod Kumar Counsel for Respondent(s) : C.S.C. Raj Kumar .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
only if he faces domestic enquiry where correct facts would emerge out after hearing the respective parties. However, I am of the view that since there is no such financial charge levelled against the petitioner, petitioner being only a Panchayat Secretary and the withdrawal of money has been made with the joint signatures of Block Pramukh and Block Development Officer, I find it necessary to expedite the disciplinary proceeding so that petitioner may not be kept under suspension for a prolonged period and accordingly, following directions are issued: (a). Petitioner shall be issued with chargesheet within a period of two weeks from today. (b) Soon after receipt of chargesheet, petitioner shall be submitting reply to the same within two weeks' time. (c). If petitioner submits reply as directed hereinabove, the departmental inquiry shall be brought to its logical end in the next three months' 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. WRIA No. 12195 of 2025 2
(f). Petitioner shall continuously be paid his subsistence allowance if he continues to sign the attendance register and continues to report in the establishment where he has been working. 4. In the event disciplinary proceeding is not concluded within the time frame prescribed hereinabove, the order of suspension shall stand revoked and petitioner shall be reinstated with pay. September 15, 2025 Deepika WRIA No. 12195 of 2025 3 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad