Shashi Bhushan Singh vs State Of U.P. And Another
2023 Latest Caselaw 1353 ALL

Citation : 2023 Latest Caselaw 1353 ALL
Judgement Date : 12 January, 2023

Allahabad High Court

Shashi Bhushan Singh vs State Of U.P. And Another on 12 January, 2023

Bench: Neeraj Tiwari




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 17111 of 2022
 
Petitioner :- Shashi Bhushan Singh
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Prabhakar Awasthi,Brijesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

Present petition has been filed for quashing the suspension order dated 19.9.2022 passed by the respondent no.2.

Pursuant to the order of this Court dated 9.1.2023, learned Standing Counsel has produced the instruction dated 11.1.2023, which is taken on record. On the basis of instruction, he submitted that charge sheet is still under preparation.

Learned counsel for the petitioner submitted that in light of judgment of Apex Court in the matters of Ajay Kumar Chaudhary Vs. Union of India, (2015) 7 SCC, Anshu Bharti Vs. State of U.P., (2009) 1 AWC 691 and Public Service Tribunal Bar Association Vs. State of U.P. and others, 2003 (1) UPLBEC 780 (SC), suspension order dated 19.9.2022 cannot be sustained and same is liable to be quashed.

Learned Standing Counsel could not dispute the legal submission raised by the learned counsel for the petitioner.

I have considered the rival submissions advanced by the learned counsel for the parties and perused the judgments of Apex Court. Once the charge sheet is still under preparation, therefore, in light of judgment of Apex Court in the matters of Ajay Kumar Chaudhary (supra) & Public Service Tribunal Bar Association (supra), suspension order cannot be sustained.

Therefore, under such facts and circumstances as well as law settled by the Apex Court, the suspension order dated 19.9.2022 is hereby quashed and writ petition is allowed.

However, respondents is given liberty to proceed departmental proceedings and further petitioner is also directed to extend full cooperation. In case of non-cooperation, it is open for the respondents to pass fresh order as required.

Order Date :- 12.1.2023

Junaid