Bhoopendra Kumar Singh vs State Of U.P.
2023 Latest Caselaw 479 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 13689 of 2022
 

 
Petitioner :- Bhoopendra Kumar Singh
 
Respondent :- State of U.P.
 
Counsel for Petitioner :- Prabhakar Awasthi,Saurabh Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for the respondents.

Present petition has been filed for quashing the impugned order dated 25.04.2022 by which petitioner was placed under suspension.

Learned counsel for the petitioner submitted that charge sheet has not been served to petitioner till date and further subsistence allowance has not been paid to him. Case was heard on 29.09.2022 and Court has passed following order;

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

Learned counsel for the petitioner submitted that earlier petitioner was placed under suspension vide order dated 25.4.2022. The said suspension order was challenged before this Court by filing Writ-A No. 9078 of 2022, which was dismissed vide order dated 17.6.2022. He next submitted that till date no charge sheet has ever been served upon the petitioner. He further submitted that in light of judgments of Apex Court in the case of Ajay Kumar Chaudhary vs. Union of India reported in (2015) 7 SCC, Anshu Bharti vs. State of U.P. and others reported in 2009 1 AWC 691 and Public Service Tribunal Bar Association vs. State of U.P. and others reported in 2003 (1) UPLBEC 780 (SC), once charge sheet has not been served within 90 days, suspension order may not be continued.

Learned Standing Counsel prays for and is granted 10 days time to seek instruction about the matter.

Put up this case as fresh on 13.10.2022. "

Today, learned standing counsel fairly submitted that even after letter dated 29.09.2022 sent through fax/ email on 30.09.2022 to Additional Chief Secretary, Ministry of Basic Education, Lucknow- respondent no. 1, but till date, he has not received any instruction.

Under such facts and circumstances of the case, impugned suspension order dated 25.04.2022 is hereby quashed and writ petition is allowed. Further, respondent no. 1 is directed to issue charge sheet to petitioner maximum within two weeks from today, if not issued and petitioner is directed to submit reply within next two weeks thereafter. After receiving the reply of charge sheet, Enquiry Officer is directed to complete the enquiry within four weeks thereafter and submit the report before Disciplinary Authority. After receiving the report, Disciplinary Authority is directed to take final decision in the disciplinary proceeding, maximum within a period of four weeks thereafter.

Petitioner is directed to extend full cooperation in completion of enquiry.

Order Date :- 5.1.2023

Arvind