Pawan Kumar Sharma vs State Of U.P. And 2 Others
2023 Latest Caselaw 2461 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 750 of 2023
 
Petitioner :- Pawan Kumar Sharma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- R.K. Mishra
 
Counsel for Respondent :- C.S.C.,Kartikeya Saran
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for the State- respondent and Sri Vinayak Ranjan, advocate holding brief of Sri Kartikeya Saran, learned counsel for respondent nos. 2 and 3.

Case was heard on 16.1.2023 and Court has passed following order;

"Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri Vinayak Ranjan, advocate holding brief f Sri Kartikeya Saran, learned counsel for the respondent nos. 2 and 3.

Learned counsel for the respondent nos. 2 and 3 prays for and is granted one week time to seek instruction as to whether charge sheet has been served or not pursuant to suspension order dated 28.9.2022 and also mode of service of charge sheet.

Put up this case as fresh on 23.1.2023. "

On the basis of instruction, Sri Vinayak Ranjan, advocate holding brief of Sri Kartikeya Saran, learned counsel for respondent nos. 2 and 3 submitted that till date, no charge sheet has been served upon the petitioner, therefore, 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), once charge sheet has not been served within 90 days, suspension order may not be continued.

Under such facts and circumstances of the case, suspension order dated 28.9.2022 is hereby quashed and petition is allowed. No order as to costs.

Further, this order will not preclude the respondents to complete the enquiry proceeding in accordance with law.

Order Date :- 23.1.2023

Arvind