Satish Raikwar vs State of Uttar Pradesh and Another — Allahabad HC (2025) — LawSathi Research

Satish Raikwar vs State of Uttar Pradesh and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of finally with directions: respondent no. 2 to pay suspension allowance admissible to the petitioner including arrears within one month; respondent no. 2 to conclude the enquiry within four months from production of a certified copy of the order; petitioner to cooperate in the enquiry; no interference with the impugned suspension order.

Issue for consideration

Whether any interference is warranted in the impugned suspension order dated 08.01.2025. +2 more

Court's answer

No interference is warranted in the impugned suspension order dated 08.01.2025; the writ petition proceeds by way of administrative directions without going into merits.

Ratio / Principle

Respondent no. 2, Member Secretary, District Administrative Committee/Assistant Commissioner & Assistant Registrar Cooperative, Jhansi, is directed to pay the suspension allowance admissible to the petitioner, including arrears, within a period of one month.

Key takeaways

Respondent no. 2 is directed to conclude the enquiry within a period of four months from the date of production of a certified copy of this order.ratio¶11
The petitioner shall cooperate in the enquiry proceedings.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ajay Bhanot, J., Court No. 5), WRIT - A No. - 6631 of 2025, Order Date 26.5.2025 (Satish Raikwar v. State of U.P. and Anr.). Petitioner suspended by order dated 08.01.2025 from the post of Cadre Secretary, Primary Agricultural Credit Co-operative Societies, Katra Barausagar, Jhansi; chargesheet alleging major misconduct including black marketing of Urea already served and enquiry pending. The Court declined to interfere with the impugned suspension order and, without entering into merits, directed respondent no. 2 (Member Secretary, District Administrative Committee/Assistant Commissioner & Assistant Registrar Cooperative, Jhansi) to pay the suspension allowance admissible to the petitioner including arrears within one month, and to conclude the enquiry within four months from production of a certified copy of the order; petitioner directed to cooperate in the enquiry. Writ petition disposed of finally.

Court No. - 5

Case :- WRIT - A No. - 6631 of 2025 Petitioner :- Satish Raikwar Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Kartikeya Saran,Srishti Gupta Counsel for Respondent :- Satyam Singh,C.S.C.

Hon'ble Ajay Bhanot,J.

Petitioner is aggrieved by the impugned suspension order dated 08.01.2025 passed by respondent no. 2 suspending the petitioner from the post of Cadre Secretary, Primary Agriculatural Credit Co-operative Societies, Katra Barausagar, Jhansi.

Sri Satyam Singh, learned counsel for the respondents submits that the enquiry against the petitioner is on foot. The chargesheet has been served upon him. The chargesheet is taken in the record. The charges enumerated in the chargesheet discloses various major acts of misconduct including black marketing of Urea. In case charges are proved in the departmental enquiry the same may warrant major penalty.

No interference is warranted in the impugned suspension order.

Faced with this Ms. Srishti Gupta, learned counsel for the petitioner submits that the petitioner would join the enquiry proceedings and establish his innocence. However, he has not been paid his suspension allowance till date.

She recasts her relief and submits that the enquiry may be concluded within a reasonable period of time and the suspension allowance may be paid to the petitioner.

In the wake of preceding discussion without going into the merits of the case, interest of justice will be served by directing the respondent no. 2, Member Secretary, District Administrative Committee/Assistant Commissioner & Assistant Registrar Cooperative, Jhansi to execute the following directions:

I. The respondent no. 2, Member Secretary, District Administrative Committee/Assistant Commissioner & Assistant Registrar Cooperative, Jhansi is directed to pay the suspension allowance admissible to the petitioner including arrears of aforesaid allowance within a period of one month.

II. The respondent no. 2, Member Secretary, District Administrative Committee/Assistant Commissioner & Assistant Registrar Cooperative, Jhansi is directed to conclude the enquiry within a period of four months from the date of production of a certified copy of this order.

III. The petitioner shall cooperated in the enquiry proceedings.

In wake of the aforesaid direction the writ petition is disposed of finally.

Order Date :- 26.5.2025

Pravin

Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad