Anuj Kumar Sharma vs State Of U.P. And Another
2022 Latest Caselaw 10004 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 11793 of 2022
 
Petitioner :- Anuj Kumar Sharma
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Atharva Dixit,Aushim Luthra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondent no. 1.

Learned counsel for the petitioner informed that there is no standing counsel for the respondent no.2.

Learned counsel for the petitioner submitted that petitioner was placed under suspension vide order dated 28.10.2020, but after suspension, he has been paid subsistence allowance only for four months. Thereafter no subsistence allowance has been paid to him. He further submitted that charge sheet has been served upon the petitioner on 23.05.2022 after one and half years from the date of his suspension to which petitioner submitted reply on 26.05.2022, but neither inquiry nor disciplinary proceeding has been completed. He next submitted that in light of judgment of Apex Court in the case of Ajay Kumar Choudhary Vs. Union of India Through its Secretary & another (2015) 7 SCC 291 in which it has been held that in case charge sheet is not served upon an employee within 90 days from the date of suspension, order of suspension may be quashed.

Learned Standing Counsel though not representing the respondent no. 2, could not dispute the factual and legal submissions made by learned counsel for the petitioner.

I have considered the submissions made by learned counsel for the parties and perused the record. Petitioner was placed under suspension on 28.10.2020 whereas charge sheet has been served upon him on 23.05.2022, therefore, there is no occasion for the authority concerned to keep the petitioner under suspension for such a long time. From perusal of the record, it is apparent that petitioner has submitted reply to the charge sheet on 26.05.2022, but inquiry and disciplinary proceeding has not been completed. It is also alleged that petitioner has not been paid subsistence allowance after his suspension.

Accordingly, in light of facts and law laid down by the Apex Court in the case of Ajay Kumar Choudhary (supra), writ petition is allowed. Impugned order of suspension dated 28.10.2020 is quashed. Respondents are directed to complete the inquiry and disciplinary proceeding within three months from the date of production of certified copy of this order.

Order Date :- 11.8.2022/Rmk.