Subhash Kumar Dixit vs State of U.P. Thru. Prin. Secy. Rural Dev. Lko. and 2 Others

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Court No. - 21

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Case :- WRIT - A No. - 11797 of 2024

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Petitioner :- Subhash Kumar Dixit Respondent :- State Of U.P. Thru. Prin. Secy. Rural Dev. Lko. And 2 Others

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Counsel for Petitioner :- Prabhat Kumar,Lalla Ji Maurya Counsel for Respondent :- C.S.C.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for petitioner and Sri Ashwini Kumar, learned standing counsel for State.

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Learned counsel for petitioner submitted that along with suspension order, charges are also mentioned and from the perusal of same, it is apparently clear that there is no allegation of any peculiar or financial loss. He next submitted that in case charges are found proved, even though there is no chance of imposing major penalty. In the light of Rule 4 of U.P. Government Servant (Discipline and Appeal) Rules, 1999, in case of only major penalty, suspension is warranted, therefore, order impugned is bad and liable to be set aside.

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Matter requires consideration.

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Learned standing counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case on 28.01.2025.

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Until further order of this Court, suspension order dated 27.11.2024 shall remain stayed.

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However, this order shall not preclude the Disciplinary Authority to complete disciplinary proceeding in accordance with law.

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Petitioner is also directed to extend his full co-operation to the Disciplinary Authority.

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Order Date :- 10.12.2024 Sartaj

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Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad, Lucknow Bench

Subhash Kumar Dixit v. State of U.P. Thru. Prin. Secy. Rural Dev. Lko. and 2 Others

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Subhash Kumar Dixit v. State of U.P. Thru. Prin. Secy. Rural Dev. Lko. and 2 Others

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