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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14163 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J.
1. The petitioner is aggrieved by the order dated 31.10.2025, whereby he has been placed under suspension in contemplation of disciplinary proceedings. 2. Learned counsel for the petitioner submits that despite laps of considerable time since the date of suspension order dated 31.10.2025, the respondents have not served a copy of memo charges upon the petitioner. It is, therefore, submitted that the suspension order deserves to be quashed in the light of lad laid down by Hon'ble the Supreme Court in Ajay Kumar Choudhary vs. Union of India through its Secretary and Another reported in (2015) 7 SCC 291. 3. Learned counsel appearing for contesting respondents no.2 and 3 does not refute the contention of the petitioners the fact that the memo of charges has not yet been served upon the petitioner. As such, no useful purpose would be served by keeping the instant writ petition pending. Accordingly, without expressing any opinion on merits of the case, this Court deems it appropriate to finally dispose of the writ petition with the following directions : (i) The contesting respondents shall serve the memo of charges upon the petitioner, and constitute an Inquiry Committee or appoint an Inquiry Officer, as the case may be, within ten days from today. (ii) The petitioner shall file his detailed reply/defence to the memo of charges served upon him within a period of 15 days from the date of receipt thereof. Versus Counsel for Petitioner(s) : Brijesh Kumar Pandey Counsel for Respondent(s) : C.S.C., Satyam Singh Vinod Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
(iii) Upon receipt of the reply submitted by the petitioner, the disciplinary authority shall make every endeavour to conclude the disciplinary proceedings within a period of five months thereafter, after affording the petitioner due and proper opportunity of hearing. (iv) Till a final decision is taken by the disciplinary authority, the effect and operation of the impugned order dated 31.10.2025, whereby the petitioner has been placed under suspension, shall be kept in abeyance and petitioner shall be entitled for all consequential benefits. (v) 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. (vi) It is, however, clarified that, if considered necessary, the competent authority shall be at liberty to transfer the petitioner to any other place or at the head quarter, during the pendency of the disciplinary proceedings. 4. With the aforesaid observations/directions, instant writ petition stands disposed of. September 9, 2026 VS WRIA No. 14163 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VIDYA SAGAR BARATAM High Court of Judicature at Allahabad