Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14015 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Rama Nand Pandey, learned counsel for the respondent nos.2, 4, 5, 6 and the learned Standing Counsel for the State-respondents. By means of the present writ petition, the petitioner has prayed for quashing the impugned suspension order dated 26.07.2025 passed by the respondent no.4 as well as further prayer to ensure the regular payment of salary to the petitioner.
Learned counsel for the petitioner submits that the impugned suspension
order dated 26.07.2025 has been passed in an ex parte manner, without affording any opportunity of hearing or conducting any preliminary inquiry. He further submits that the impugned order has been passed in a cursory and arbitrary manner, in gross violation of the principles of natural justice, and is, therefore, liable to be quashed. Various facts and circumstances have been pleaded on behalf of the petitioner in the present writ petition for challenging the order of suspension. The charges so levelled against the petitioner are also disputed by the learned counsel for the petitioner and in that regard reliance has been placed upon various documents brought on record. Learned for the respondents-BSA, on the basis of oral instructions, submits that preliminary inquiry has been done, on the basis of which, charge sheet has been sent to the petitioner through registered post. He further submits that on the ground that the enquiry was not properly Versus Counsel for Petitioner(s) : Arun Kumar Dubey Counsel for Respondent(s) : C.S.C., Rama Nand Pandey Deepika Varshney .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
conducted, the Court cannot set aside the order of punishment. This Court is of the considered opinion that the charges so levelled against the petitioner cannot be examined at this stage, inasmuch as the explanation and documents relied upon by the petitioner can be a defence in the departmental inquiry, as during departmental inquiry, the petitioner will have ample opportunity to prove his innocence. In view of the aforesaid, this writ petition is disposed of with a direction that the departmental inquiry be initiated against the petitioner and brought to its logical end, strictly in accordance with law, at the earliest possible preferably within a period of three months from the date of production of a certified copy of this order before the disciplinary authority. September 17, 2025 Jitendra/- WRIA No. 14015 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad