Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13507 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
1. Heard learned counsel for petitioner and learned Additional Chief Standing Counsel for state respondents.
2. It is argued on behalf of petitioner that though petitioner has not been removed from the post of Gram Rozgar Sewak but has not been permitted to discharge his duties on account of the fact that he has been implicated in a criminal case for which he was detained in jail. It is submitted that after he was enlarged on bail, despite the fact that no charge sheet has been filed in the criminal case till date, he has not been reinstated. He has placed reliance upon a judgement of the Supreme Court in which it has been held that where the employee is suspended on account of detention in jail in a criminal case, his suspension would ceased to operate, the moment employee is released on bail provided there is no disciplinary proceedings drawn against him to place him under suspension again. It is also submitted by learned counsel for petitioner that till date the gram panchayat concerned has not passed any resolution terminating the services of the petitioner nor has passed any resolution for making a fresh recruitment.
3. Learned Standing Counsel submits since these are the question of facts that require determination, it would be in the fitness of thing that respondent no. 5 is directed to look into and consider the grievance raised by petitioner in his representation dated 13.06.2025.
4. In view of the above this petition is disposed of with direction to the Versus Counsel for Petitioner(s) : Aman Arya Counsel for Respondent(s) : C.S.C., Sudhir Bharti Ram Kripal Gupt .....Petitioner(s) State Of U.P And 5 Others .....Respondent(s)
respondent concerned to consider and dispose of the pending representation of petitioner dated 13.06.2025 within a period of six weeks from the production of certified copy of this order, strictly in accordance with law and by means of a reasoned and speaking order. September 10, 2025 Nadeem WRIA No. 13507 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad