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2026 DAILYLAW 8609 (ALL)

FAIZ TAIMURI v. STATE OF U.P. AND ANOTHER

WRIA/15463/2026 · 2026-09-23

Dinesh Pathak

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15463 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 Vinay Kumar Singh, learned counsel appearing on behalf of respondent no.2, and perused the record on Board. 2. The petitioner is aggrieved by the order dated 09.07.2026, whereby he has been placed under suspension in contemplation of the disciplinary proceedings. 3. Learned counsel for the petitioner submits that suspension order has been passed in violation of proviso to Regulation 4(i) of the U.P. Power Corporation Ltd. Employees (Discipline and Appeal) Regulations, 2020 (in brevity 'Regulations '2020'). However, a condition has been imposed through the proviso, appended thereto, 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. 4. Learned counsel appearing on behalf of the contesting respondents has contended that charge-sheet dated 27.08.2026 has already been served upon the petitioner on 31.08.2026 and the enquiry officer has been appointed. However; reply has not been submitted to the said charge-sheet. 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 Versus Counsel for Petitioner(s) : Pranesh Kumar Mishra Counsel for Respondent(s) : C.S.C., Manu Ghildyal Faiz Taimuri .....Petitioner(s) State of U.P. and Another .....Respondent(s) 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 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 proceedings within a period of four 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 09.07.2026, 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. 6. With the aforesaid observations/directions, instant writ petition stands disposed of. September 24, 2026 VR WRIA No. 15463 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad