Disposed

Sunil Sharma v. State of U.P. and 2 Others

Allahabad HC18 Oct 2023WRIA/17248/2023

Case brief

AI extract

What is this about?

Petitioner challenged the suspension order regarding departmental proceedings. High Court upheld the suspension but directed issuance of chargesheet and completion of inquiry within stipulated timelines, contingent upon the petitioner's cooperation.

What did the court decide?

Suspension order upheld; directed issuance of chargesheet and completion of proceedings within three months with subsistence allowance.

Sunil Sharma Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:201464

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Court No. - 34

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Case :- WRIT - A No. - 17248 of 2023

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Petitioner :- Sunil Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- CSC

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties.

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By means of this petition filed under Article 226 of the Constitution of India, the petitioner has questioned the order of suspension dated 25.09.2023 on the ground that earlier when the online applications were submitted for the purpose of entry of the successor of Late Ram Chandar, he had refused to make recommendation for the application because documentary evidence was not placed. However, subsequently evidence were placed and therefore, he made a recommendation.

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From the perusal of the record it transpires that the application filed online bore same details and, therefore, in my considered view since it is a case where the petitioner had made a endorsement in terms of recommendation after rejecting three previous applications, the matter required investigation by the enquiry officer. Thus, I do not see any justification to interfere with the order of suspension. However, it is provided that in the event chargesheet, if not, already issued to the petitioner, shall be issued within four weeks from today. Soon after receiving the chargesheet, petitioner shall be submitting reply within a further period of three weeks and after the reply of the petitioner is received, the departmental enquiry shall be concluded within one month provided petitioner cooperates. After the departmental enquiry is completed, disciplinary proceedings shall also be concluded in the next two months' time.

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It is further provided that if the petitioner cooperates in the departmental enquiry and disciplinary proceedings and they are still not concluded within the time prescribed for hereinabove, the order of suspension of the petitioner dated

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25.09.2023 shall stand revoked.

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It is further directed that during the period of suspension, petitioner shall be paid subsistence allowance without any break.

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With the aforesaid observations and directions, this petition stands disposed of .

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Order Date :- 18.10.2023 Deepika

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Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad

Sunil Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sunil Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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