Disposed¶13

Pravesh Rai v. State of U.P. and 2 Others

Allahabad HC10 Feb 2025WRIA/1567/2025

Case brief

AI extract

What is this about?

Suspension of Secretary of primary agricultural cooperative credit society (Azamgarh); chargesheet not filed; writ disposed of with conditional deemed abeyance of suspension — chargesheet within 3 weeks, enquiry concluded within 6 weeks thereafter; prayers for certiorari and non-interference; Pravesh Rai v. State of U.P. and 2 Others; High Court of Judicature at Allahabad; WRIT - A No. 1567 of 2025; Neutral Citation 2025:AHC:41273; order dated 20.3.2025; Saurabh Shyam Shamshery, J.

What did the court decide?

No outright quashing of the suspension order; conditional relief that the suspension order shall be deemed kept in abeyance if the chargesheet is not submitted within three weeks, or if, once submitted, the enquiry is not concluded within six weeks thereafter. The prayer for mandamus against interference was not separately granted.

Pravesh Rai vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the petitioner's suspension under the order dated 24.01.2025 should be interfered with / kept in abeyance in view of the fact that no chargesheet had yet been submitted in the pending enquiry.

¶13

Court's answer

The writ petition is disposed of on condition that if the chargesheet is not submitted within the aforesaid period (three weeks, as indicated by counsel for respondent nos.2 and 3), the suspension order dated 24.01.2025 shall be deemed to be kept in abeyance.

¶13

Ratio / Principle

If the chargesheet is submitted within the aforesaid period but the inquiry is not concluded within six weeks thereafter, the suspension order shall likewise stand deemed kept in abeyance.

¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Court No. 6 (Saurabh Shyam Shamshery, J.), WRIT - A No. 1567 of 2025 — Pravesh Rai v. State of U.P. and 2 Others (order dated 20.3.2025; Neutral Citation 2025:AHC:41273). The petitioner, serving as Secretary and under suspension by order dated 24.01.2025 passed by respondent no.3, MemberSecretary, District Administrative Committee / Assistant Commissioner & Assistant Registrar, Cooperative Societies, Azamgarh, sought certiorari to quash the suspension order and a mandamus against interference with his functioning. It was common ground that no chargesheet had been filed; counsel for respondent nos.2 and 3 stated the chargesheet would be submitted within three weeks and the enquiry concluded within six weeks thereafter. Disposing of the petition, the Court directed that if the chargesheet is not submitted within that period, or if, having been submitted, the enquiry is not concluded within six weeks, the suspension order shall be deemed to be kept in abeyance. No statute or precedent was discussed.

¶1

Neutral Citation No. - 2025:AHC:41273

¶2

Court No. - 6

¶3

Case :- WRIT - A No. - 1567 of 2025

¶4

Petitioner :- Pravesh Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akshara Rai Counsel for Respondent :- C.S.C.,Sujeet Kumar Rai

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

Heard Ms. Akshara Rai, learned counsel for the petitioner, Mr. Sujeet Kumar Rai, learned counsel for respondent nos.2 and 3 and perused the record.

¶7

This writ petition is filed seeking following prayers :-

¶8

"(i) issue a writ, order or direction in the nature of certiorari, quashing the order dated 24.01.2025 passed by respondent no.3, MemberSecretary, District Administrative Committee, Primary Agricultural Cooperative Credit Agricultural Cooperative Credit Societies Centralized Service, Azamgarh/Assistant Commissioner & Assistant Registrar, Cooperative Societies, Azamgarh (annexure : 1 to the writ petition);

¶9

(ii) issue a writ, order or direction in the nature of mandamus, directing the respondents not to interfere in the functioning of the petitioner as Secretary"

¶10

The petitioner before this Court is under suspension by an order dated 24.01.2025 passed by respondent no.3, MemberSecretary, District Administrative Committee, Primary Agricultural Cooperative Credit Agricultural Cooperative Credit Societies Centralized Service, Azamgarh/Assistant Commissioner & Assistant Registrar, Cooperative Societies, Azamgarh.

¶11

Ms. Akshara Rai, learned counsel for the petitioner submits that till date even chargesheet has not been submitted.

¶12

Shri Sujeet Kumar Rai, learned counsel appearing on behalf of the respondent nos.2 and 3 submits that the chargesheet has still not submitted. However, it will be submitted within a very short period of three weeks and the enquiry will be concluded within six weeks thereafter.

¶13

In the aforesaid circumstances, this writ petition is disposed of that in case chargesheet is not submitted within the aforesaid period, the suspension order shall be deemed to be kept in abeyance and if the chargesheet is submitted, within the aforesaid period and thereafter the inquiry is not concluded within the period of six weeks and thereafter, the suspension order shall be deemed to be kept in abeyance.

¶14

Order Date :- 20.3.2025 A.N. Mishra

¶15

Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Pravesh Rai v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Pravesh Rai v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Sudha Tomar vs State of Up and 4 Others

Kamlesh Pandey and 12 Others vs State of U.P. and 5 Others

Satish Chandra vs State of U.P. and 2 Others

Deepak Kumar and 13 Others vs State of Uttar Pradesh and 2 Others

Govind Singh Khare and 2 Others vs State of U.P. and 3 Others

Ashok Kumar Lawaniya and 3 Ors. Vs State of U.P. and 3 Ors.