Lal Bahadur Gupta v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies Deptt. Lko. and Another

Court No. - 20 Case :- WRIT - A No. - 8483 of 2023 Petitioner :- Lal Bahadur Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Deptt. Lko. And Another Counsel for Petitioner :- Vishwanath Prasad Tripathi,Indra Jeet Yadav,Jagdambika Prasad Tripathi 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 01.08.2022 whereby petitioner has been placed under suspension pending departmental enquiry.

¶3It has been submitted that subsequently petitioner was issued a charge sheet and enquiry proceedings ensued whereafter enquiry report has been submitted on 27.01.2023 against which petitioner has also submitted his reply dated 20.02.2023 but neither has any final decision taken nor even subsistence allowance has been paid to petitioner.

¶4Considering aforesaid facts that enquiry report has already been submitted to which petitioner has also submitted his reply, opposite parties are directed to take a final decision with regard to any disciplinary proceedings against petitioner within a period of four weeks from the date a certified copy of this order is produced before the authority concerned.

¶5In case enquiry is not concluded within aforesaid time period, the impugned suspension order dated 01.08.2022 shall automatically stand revoked. The opposite parties shall also provide subsistence allowance to petitioner within the said time frame which shall be subject to final decision taken by the authorities.

¶6With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 1.11.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench