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2025 DAILYLAW 92734 (ALL)

KIRAN CHOUDHARY v. STATE OF UTTAR PRADESH AND ANOTHER

WRIA/13251/2025 · 2025-09-07

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13251 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Sanjay Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has prayed for a writ of certiorari to quash the suspension order dated 10.02.2025 whereby he has been placed under suspension on account of his detention in connection with criminal case. 3. It is contended by learned counsel for the petitioner that however the petitioner has also been granted bail in pursuant to the order passed by the Court on 03.04.2025 passed in Criminal Misc. Bail Application No.-9400 of 2025 and therefore, now it is claimed that the petitioner is entitled for reinstatement on account of statutory rules providing for the suspension only on account of detention in jail. It is further submitted that in the matter of criminal charge as well as in connection with some other charges two chargesheet came to be issued to the petitioner on 24.04.2025 and 18.02.2025 in respect thereof. In the two enquiry reports submitted on 10.07.2025 and 05.08.2025 petitioner has already stood exonerated of the charges but petitioner's suspension is Versus Counsel for Petitioner(s) : Sanjay Kumar Mishra, Saurav Pandey Counsel for Respondent(s) : C.S.C. Kiran Choudhary .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s) continuing only on account of the fact that no final order has been passed by the disciplinary authority upon such enquiry report submitted to the said authority. 4. Learned Standing Counsel submits that since now a final order is to be passed by the District Magistrate first, it would be in fitness of things that disciplinary authority is directed to take final decision in the matter of disciplinary proceedings initiated against the petitioner vide chargesheet dated 24.04.2025 and 18.02.2025 as the enquiry report have already been submitted. 5. In view of the above and in the special facts and circumstances of the case where petitioner has been placed under suspension only on account of statutory rules to place the employee under suspension for detention beyond a period of 24 hours, I hereby provide that the disciplinary authority shall be concluding the disciplinary proceeding upon the enquiry report submitted on 10.07.2025 and 05.08.2025 positively within a period of one month of production of certified copy of this order and petitioner shall be cooperating if issued with any notice. 6. However, it is further provided that in the event decision is taken within the time prescribed for as above, the order impugned dated 10.02.2025 shall remain stayed and petitioner shall be reinstated in service with pay. 7. With the aforesaid observations and directions, this petition stands disposed of. September 8, 2025 Deepika WRIA No. 13251 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad