Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14159 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Prabhakar Awasthi, learned counsel for petitioner and Sri K.K. Rao, learned counsel for respondents.
2. Petitioner before this Court, a Junior Engineer at Dakshinanchal Vidyut Vitran Nigam Ltd. (D.V.V.N.L.), was put under suspension by impugned
order dated 02.09.2025 on various grounds such as, he used a Bolero Car having hooter which is against the conduct of a government employee. It was also alleged that there were various complaints against him that he has not discharged his duties diligently as well as he has asked bribe also. Cognizance of a viral video and news published in newspapers was also taken and that petitioner has committed misconduct in terms of Regulation 3 of U.P. Government Employees (Conduct) Regulations,
1956.
3. Learned counsel for petitioner submits that impugned suspension order was passed by Managing Director of DVVNL who is an Appellate Authority, therefore, impugned was passed beyond jurisdiction as it ought to be passed by Disciplinary Authority or Appointing Authority.
4. Learned counsel further submits that in impugned order, no disciplinary proceedings was contemplated and as such, impugned order would be in teeth of judgment of Division Bench of this Court in Radhey Shyam Srivastava vs. State of U.P. and others, 2007 SCC Online All 870.
5. Learned counsel further submits that petitioner is a victim who was Versus Counsel for Petitioner(s) : Nabeela Arjumand, Prabhakar Awasthi Counsel for Respondent(s) : C.S.C., K.K.Rao, Purnendu Kumar Singh Ram Lal Pal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
assaulted by contractual appointees which led to filing of an FIR. He further submits that screenshot of whatsapp chat shows that contractual appointees have made sarcastic comments on suspension of petitioner.
6. Per contra, learned counsel for respondents refers contents of impugned suspension order that petitioner, a Junior Engineer, acts as a muscleman and used Bolero Car having hooter as well as that there were various complaints against the conduct of petitioner, therefore, he was put under suspension.
7. Learned counsel for respondents also refers that in the impugned order, it is mentioned that on basis of allegations, a case for conducting strict disciplinary proceedings was made out. He further submits that impugned
order is of 02.09.2025 i.e. passed just before 20 days and in all probability, charge sheet will be issued to him within a short period.
8. I have considered above submissions and perused the records.
9. Contents of impugned order and nature of allegations are serious though at this stage, Court is not entering into veracity of allegations. The petitioner has rushed this Court within 10 days after impugned order was passed without waiting whether respondents are contemplating any disciplinary proceedings or not.
10. In present case, there is a reference in impugned order that a case of disciplinary proceedings is made out though it may be short of specific statement of contemplation of disciplinary proceedings but on basis of such contents, this case could not be considered to be in the teeth of Radhey Shyam Srivastava (supra).
11. Court also takes note that it may be a case that petitioner is a victim since he has lodged FIR against contractual appointees that they have assaulted him.
12. Court also takes note of contents of screenshot of whatsapp chat as well as taking note of above circumstances and in the interest of justice, this writ petition is disposed of with an observation that if respondents are serious to take action against the petitioner, they are at liberty to expedite WRIA No. 14159 of 2025 2
the procedure for initiation of disciplinary proceedings and in case within 10 days, charge sheet is not submitted against petitioner, impugned suspension order shall be kept in abeyance subject to outcome of disciplinary proceedings.
13. Court also takes note of screenshot of contents of whatsapp chat annexed along with this writ petition which are serious and respondents ought to have inquired about said communication specifically when it was posted on whatsapp of contractual appointees, therefore, it is necessary to observe that respondents will look into said matter also and if necessary action be taken against said contractual appointees. September 22, 2025 N. Sinha WRIA No. 14159 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad