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2026 DAILYLAW 11434 (ALL)

KHATIB UR REHMAN v. STATE OF U.P. AND 7 OTHERS

WRIA/13153/2026 · 2026-09-28

Dinesh Pathak

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13153 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel appearing on behalf of the petitioner; learned Standing Counsel appearing on behalf of respondent no.1; Shri Abhishek Srivastava, learned counsel appearing on behalf of respondent no.2 and Shri Krishna Agrawal, learned counsel appearing on behalf of respondents no.3 to 5. 2. While entertaining the instant writ petition, this Court passed the following order dated 25.08.2026 :- "1. The petitioner is aggrieved by the order dated 19.06.2026, whereby he has been placed under suspension. 2. Learned Counsel for the petitioner submits that the suspension order has been passed in violation of the proviso to Rule 4(1) of the Uttar Pradesh Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020. He further submits that there is no contemplation of disciplinary inquiry in the suspension order. Even as of date, neither has any Inquiry Officer been appointed nor has the charge-sheet been served upon the petitioner. 3. Sri Krishna Agrawal, learned counsel appearing for respondent Nos. 3 to 5 has prayed for and is granted two weeks' time to obtain instructions from the authorities concerned with regard to the submissions advanced by learned counsel for the petitioner. Versus Counsel for Petitioner(s) : Rakesh Kumar Verma Counsel for Respondent(s) : Abhishek Srivastava, C.S.C., Krishna Agrawal Khatib Ur Rehman .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 4. List this matter on 11.09.2026 as fresh." 3. Shri Krishna Agrawal, learned counsel appearing on behalf of respondents no.3 to 5, in compliance with the order dated 25.08.2026, has placed copy of the charge-sheet and the letter dated 19.08.2026, today before the Court, which are taken on record. Office is directed to proceed accordingly. He, on the basis of instructions, submits that the enquiry officer was appointed, vide letter dated 19.08.2026, and the charges were framed on 03.09.2026. 4. Learned counsel appearing on behalf of the petitioner submits that copy of the charge-sheet has not yet been served upon the petitioner. He further emphasized the provisions enunciated under proviso to Regulation 4(i) of the U.P. Power Corporation Ltd. Employees (Discipline and Appeal) Regulations, 2020 (in brevity 'Regulations '2020') and submits that a condition has been imposed through the proviso, appended to Regulation 4(i) of Regulations, 2020, that the power of suspension ought 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. 5. 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(i) 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) Respondents shall serve a copy of the charge sheet dated 03.09.2026 upon the petitioner within fifteen days from today. Upon receipt of the said charge sheet, the petitioner shall file his detailed reply/defence to the memo of charges served upon him within a period of 15 from the date of receipt thereof. (ii) Upon receipt of the reply submitted by the petitioner, the disciplinary authority shall make every endeavour to conclude the disciplinary WRIA No. 13153 of 2026 2 proceedings within a period of five months thereafter, 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 19.06.2026, whereby the petitioner has been placed under suspension, shall remain 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. 6. With the aforesaid observations/directions, instant writ petition stands disposed of. September 29, 2026 VR WRIA No. 13153 of 2026 3 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad