Subhash Panwar vs Paschimanchal Vidyut Vitran Nigam Ltd. and 3 Others — Allahabad HC (2025) — LawSathi Research

Subhash Panwar vs Paschimanchal Vidyut Vitran Nigam Ltd. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) if the chargesheet is not submitted within seven days, the impugned suspension order is deemed kept in abeyance; (ii) if the chargesheet is submitted within that period but the inquiry is not concluded within five weeks thereafter with the petitioner's cooperation, the suspension order shall likewise be deemed kept in abeyance; (iii) the unpaid subsistence amount shall be released within three weeks, and any illegal impediment shall be communicated to the petitioner within that period.

Issue for consideration

Whether the impugned suspension order dated 24.06.2024 passed by respondent no.3 should be quashed. +3 more

Ratio / Principle

Since the petitioner has been under suspension for about nine months, if the chargesheet is not submitted within seven days, the impugned suspension order dated 24.06.2024 will be deemed to be kept in abeyance.

Key takeaways

If the chargesheet is submitted within the aforesaid seven-day period but the inquiry is not concluded within five weeks thereafter with the cooperation of the petitioner, then also the suspension order shall be deemed to be kept in abeyance.ratio¶¶16
On the grievance that the subsistence amount has not been paid, it is directed that the amount shall be released within three weeks, and in case of any illegal impediment, the same shall be communicated to the petitioner within that period.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Shyam Shamshery, J.), WRIT - A No. 1863 of 2025, Subhash Panwar v. Paschimanchal Vidyut Vitran Nigam Ltd. And 3 Others, decided 20.3.2025: The petitioner, under suspension since 24.06.2024 pursuant to an order passed by respondent no.3, sought quashing of the suspension order, directions for disposal of his representations dated 02.01.2025 and 26.01.2025 seeking revocation of suspension and payment of subsistence allowance, and payment of full salary/emoluments from 24.06.2024. With the chargesheet having been submitted only on 18.03.2025 and the petitioner remaining under suspension for about nine months, the Court disposed of the petition with directions: (i) if the chargesheet is not submitted within seven days, the impugned suspension order will be deemed to be kept in abeyance; (ii) if the chargesheet is submitted within that period but the inquiry is not concluded within five weeks thereafter with the cooperation of the petitioner, the suspension order shall also be deemed to be kept in abeyance; and (iii) the unpaid subsistence amount shall be released within three weeks, failing which any illegal impediment shall be communicated to the petitioner within that period.

Neutral Citation No. - 2025:AHC:41311

Court No. - 6

Case :- WRIT - A No. - 1863 of 2025 Petitioner :- Subhash Panwar Respondent :- Paschimanchal Vidyut Vitran Nigam Ltd. And 3 Others

Counsel for Petitioner :- Manu Mishra Counsel for Respondent :- Brajesh Pratap Singh,Jitendra Sarin

Hon'ble Saurabh Shyam Shamshery,J.

Heard Mr. Manu Mishra, learned counsel for the petitioner; Mr. Brajesh Pratap Singh, learned counsel for respondent nos.1 and 2; Mr. Kamlesh Kumar Yadav, Advocate holding brief of Mr. Jitendra Sarin, learned counsel for respondent nos.3 and 4 and perused the record.

This writ petition is filed seeking following prayers :-

"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned suspension order dated 24.06.2024 passed by respondent no.3;

(ii) to issue a writ, order or direction in the nature of mandamus, directing the respondent no.3 to pass appropriate order on representation dated 02.01.2025 and 26.01.2025 submitted by the petitioner seeking revocation of suspension order dated 24.06.2024 and payment of subsistence allowance respectively, within stipulated time period as may be fixed by this Hon'ble Court.

(iii) to issue a writ, order or direction in the nature of mandamus, directing the respondents may be directed to pay full salary/emoluments to the petitioner since, 24.06.2024 to till date or date of actual payment, within stipulated time period as may be fixed by this Hon'ble Court."

The petitioner was suspended on 24.06.2024. This Court has passed the order which is challenged in this writ petition.

This Court has passed the following order on 14.02.2025:-

" Shri Arya Suman Pandey, learned counsel holding brief of Shri Jitendra Sarin, learned counsel for the respondent prays for and is granted two weeks time to obtain instructions in the matter. The instructions shall also disclose whether any chargesheet has been served upon the petitioner or not as well as the status of the inquiry proceedings.

Put up this case on 04.03.2025 in the list of fresh cases."

Mr. Kamlesh Kumar Yadav, Advocate holding brief of Mr. Jitendra Sarin, learned counsel for respondent nos.3 and 4, on the basis of instruction, submits that the chargesheet has now been submitted on 18.03.2025, however, a copy of the same is not with him.

In the aforesaid circumstances, this writ petition is disposed of considering that the suspension, the petitioner is under suspension for about 9 months, therefore, if the chargesheet is not submitted within seven days, the order impugned will be deemed to be kept in abeyance. In case chargesheet is submitted within the aforesaid period and not concluded within five weeks thereafter with the cooperation of the petitioner, then also the suspension order shall be deemed to be kept in abeyance.

The grievance of the petitioner that he has not paid subsistence amount is also considered and it is directed that the amount shall be released within three weeks and in case any illegal impediment, the same shall be communicated to the petitioner within the aforesaid period.

Order Date :- 20.3.2025 / A.N. Mishra

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