Allahabad High Court
Saurabh Nishad vs State Of U.P. And 3 Others on 11 August, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:135135 Court No. - 5 Case :- WRIT - A No. - 11487 of 2025 Petitioner :- Saurabh Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sonal Bharti Counsel for Respondent :- Arti Raje,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Ms. Sonal Bharti, learned counsel for petitioner and Ms. Arti Raje, learned counsel for respondents.
2. The petitioner has challenged the impugned order dated 05.07.2025 whereby he was put under suspension that he has committed serious financial irregularities and has committed dereliction in duties and an Inquiry Officer was also appointed though as per records, no charge sheet has still been served upon petitioner.
3. Learned counsel for petitioner has vehemently urged that impugned order is bad in law since a preliminary inquiry is contemplated and has vehemently placed reliance on a judgment of coordinate Bench of this Court in Sachchida Nand Tripathi vs. State of U.P. and others, 2013:AHC:175736 and refers its various paragraphs.
4. Per contra, learned counsel for respondents submits that no preliminary inquiry is contemplated and instead of that, a proper inquiry is contemplated and charge sheet will be served upon petitioner soon.
5. I have considered above submissions.
6. In the impugned order, Inquiry Officer has been appointed i.e. a proper inquiry is contemplated whereas in Sachchida Nand Tripathi (supra), it was a case where after suspension, a preliminary inquiry was suggested, therefore, taking reference of a Full Bench Judgment in State of U.P. vs. Jay Singh Dixit and others, 1975 ALR 64 wherein issue of preliminary inquiry after suspension was considered, however, facts of present case are absolutely different since after suspension, proper disciplinary proceedings is initiated, therefore, reliance placed on Sachchida Nand Tripathi (supra) is misplaced.
7. Impugned order is of 05.07.2025 i.e. passed a month ago and, therefore, in case no charge sheet is submitted within 3 weeks from today, impugned suspension order shall be kept in abeyance subject to outcome of inquiry, if any. In any event, if charge sheet is submitted within a period of 3 weeks, however, with cooperation of petitioner, it does not conclude within a period of 6 weeks thereafter, then also, the impugned suspension order shall be kept in abeyance.
8. Writ petition stands disposed of with above observations.
Order Date :- 11.8.2025 N. Sinha