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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13946 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J.
1. While entertaining, the instant writ petition, following order dated 14.09.2026 was passed by this Court:
"1. The petitioner is aggrieved by the order dated 05.01.2026, whereby he has been placed under suspension.
2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been placed under suspension in contravention of the provisions enunciated in proviso to Rule 4 (1) of the U.P. Power Corporation Ltd. Employees (Discipline & Appeal) Regulations, 2020. It is further submitted that similarly situated employee has been granted interim relief by this Court vide order dated 26.02.2026 passed by this Court in Writ-a No.1367 of 2026; Hem Raj vs. State of U.P. And 2 Others (Annexure-5).
3. Learned counsel appearing on behalf of respondent no.2 prays for and is granted a week's time to complete his instructions with regard to the
submissions advanced by learned counsel for the petitioner. 4. Put up this matter again as fresh on 22.09.2026."
2. Learned counsel for the petitioner submits that the petitioner has already submitted his reply to the charges levelled against him, however, till date, the disciplinary proceedings have not yet been concluded. It is further submitted that, while passing the suspension order, the provisions enunciated in proviso to Rule 4(1) of U.P. Power Corporation Ltd. Employees (Discipline & Appeal) Regulations, 2020 (in brevity, 'Regulations, 2020'), have not been complied with. However, a condition has been imposed through the proviso, appended thereto, that the power of suspension ought Versus Counsel for Petitioner(s) : Pranesh Kumar Mishra Counsel for Respondent(s) :
C.S.C., K.K. Rao Bhagwati Prasad .....Petitioner(s) State of U.P. and Another .....Respondent(s)
not to be exercised unless the allegations against the employee are of such serious nature that in the event of their being established, they would ordinarily warrant imposition of a major penalty. 3. Sri K.K. Rao, learned counsel appearing for the contesting-respondents has vehemently opposed the submissions advanced by the learned counsel for the petitioner and contends that the enquiry officer has already submitted his enquiry report on 18.09.2026 and that the disciplinary proceedings will be concluded at the earliest. 4. Having considered the rival submissions advanced by the learned counsel for the parties and upon perusal of record, and having regard to the provisions enunciated under proviso to Regulation 4(1) of the Regulations, 2020, this Court is of the considered opinion that no useful purpose would be served by keeping the instant writ petition pending. Accordingly, without expressing any opinion on the merits of the case, this Court deems it appropriate to finally dispose of the instant writ petition with the following directions :- (i) The disciplinary authority shall make every endeavour to conclude the disciplinary proceedings within a period of two month from today, after affording the petitioner due and proper opportunity of hearing. (iii) Till a final decision is taken by the disciplinary authority, the effect and operation of the impugned order dated 05.01.2026, whereby the petitioner has been placed under suspension, shall be kept in abeyance. (iv) The petitioner shall extend full co-operation in the disciplinary proceedings and shall not seek any unnecessary adjournment.
In the event of any delay not attributed to the petitioner, the disciplinary authority shall ensure that the proceedings are concluded within the aforesaid period. (v) It is, however, clarified that, if considered necessary, the competent authority shall be at liberty to transfer the petitioner to any other place within the territorial jurisdiction of the same distribution company, or at the head quarter, during the pendency of the disciplinary proceedings. WRIA No. 13946 of 2026 2
5. With the aforesaid observations/directions, instant writ petition stands
disposed of.
September 29, 2026 vinay WRIA No. 13946 of 2026 3 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad