Amit Kumar v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 7724 of 2023 Petitioner :- Amit Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed challenging order dated 06.08.2022 whereby petitioner has been suspended from service pending disciplinary proceedings.

¶3It has been submitted that pursuant to the suspension order, petitioner was provided a charge sheet dated 22.08.2022 indicating three charges levelled against him. It is submitted that despite petitioner having submitted his reply to charge sheet, proceedings are still pending consideration despite passing of one year. It is submitted that even subsistence allowance has not been provided to petitioner.

¶4It is also submitted that even otherwise a perusal of impugned suspension order will make it evident that allegation only with regard to negligence in duties has been attributed to petitioner which may entail only a minor penalty and therefore also impugned order is against the provisions of Rule 4 of Uttar Pradesh Government Servant (Discipline & Appeal) Rules, 1999. (hereinafter referred to as the Rules of 1999)

¶5Considering aforesaid facts and particularly the fact that disciplinary proceedings are pending consideration for past one year, opposite parties are directed to conclude the disciplinary proceedings initiated by means of charge sheet dated

22.08.2022 expeditiously within a period of two months from the date a certified copy of this order is produced before authority concerned. It is provided that in case proceedings are not concluded within aforesaid time frame, impugned suspension order dated 06.08.2022 shall stand automatically revoked.

¶6Opposite parties are directed to provide arrears of subsistence allowance to petitioner.

¶7With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 10.10.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench