Pritam Singh v. State of U.P. and 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14792 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the suspension order on the ground that he is being charged with the allegations in respect of the period regarding audit objection has not been removed of the period of 2023-24, whereas petitioner was no more posted there. In my considered view of the Court, once the respondents have found petitioner prima faice guilty for alleged financial irregularities and non-removal of the audit objection, any plea set up by the petitioner including the plea that matter is a year old, amounts to a defence being set up which can only be taken in a regular domestic inquiry when it is held, no interference is required with the order of suspension at this stage. It is always open for the petitioner to take all such plea that he has been taking in reply to the charges if they are made. However, the Court is of the view that petitioner should not be made to continue for prolonged suspension in the name of pending inquiry and hence following directions are issued:

(a). Petitioner shall be served with chargesheet within a period of three weeks from today.

(b). Soon after the chargesheet is served upon the petitioner, as directed herienabove, petitioner shall be submitting reply within next two weeks' time.

(c). If petitioner submits reply as directed hereinabove, the departmental inquiry shall be brought to its logical end in the next six weeks' time after due participation and cooperation of the petitioner in the departmental inquiry. Versus Counsel for Petitioner(s) : Shivam Shukla, Vinod Kumar Counsel for Respondent(s) : C.S.C. Pritam Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)

(d). After the departmental inquiry is concluded as directed hereinabove, the disciplinary authority shall proceed to pass final order in the matter in full compliance of the principles of natural justice within the next six weeks' time.

(e). Petitioner shall be cooperating in the inquiry throughout right from the submission of the reply to the chargesheet until the disciplinary proceeding is concluded. However, in the event petitioner does not render due support and cooperation in the inquiry, it will remain open for the Inquiry Officer to proceed with inquiry in accordance with law and submit the report before the disciplinary authority, who shall thereafter proceed strictly in accordance with law.

(f). Petitioner shall continuously be paid his subsistence allowance if he continues to sign the attendance register and continues to report in the office where he has been attached/ working.

(g). In the event disciplinary proceedings is not concluded within the time prescribed above despite due cooperation of the petitioner, the suspension of the petitioner shall stand revoked and petitioner shall be reinstated with pay. With the aforesaid observations and directions, this petition stands disposed of. September 26, 2025 Atmesh WRIA No. 14792 of 2025 (Ajit Kumar,J.) High Court of Judicature at Allahabad