KHATIB UR REHMANversusSTATE OF U.P. AND 7 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 13153 of 2026

Khatib Ur Rehman
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 7 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)          : Rakesh Kumar Verma
Counsel for Respondent(s)          : Abhishek Srivastava, C.S.C., Krishna
                                     Agrawal

Court No. - 32
                      HON'BLE DINESH PATHAK, J.

1. Heard learned counsel appearing on behalf of the petitioner; learned
Standing Counsel appearing on behalf of respondent no.1; Shri Abhishek
Srivastava, learned counsel appearing on behalf of respondent no.2 and
Shri Krishna Agrawal, learned counsel appearing on behalf of
respondents no.3 to 5.

2. While entertaining the instant writ petition, this Court passed the
following order dated 25.08.2026 :-

     "1. The petitioner is aggrieved by the order dated 19.06.2026, whereby he
     has been placed under suspension.

     2. Learned Counsel for the petitioner submits that the suspension order
     has been passed in violation of the proviso to Rule 4(1) of the Uttar
     Pradesh Power Corporation Limited Employees (Discipline and Appeal)
     Regulations, 2020. He further submits that there is no contemplation of
     disciplinary inquiry in the suspension order. Even as of date, neither has
     any Inquiry Officer been appointed nor has the charge-sheet been served
     upon the petitioner.

     3. Sri Krishna Agrawal, learned counsel appearing for respondent Nos. 3
     to 5 has prayed for and is granted two weeks' time to obtain instructions
     from the authorities concerned with regard to the submissions advanced
     by learned counsel for the petitioner.
                                                        WRIA No. 13153 of 2026
                                   2


     4. List this matter on 11.09.2026 as fresh."

3. Shri Krishna Agrawal, learned counsel appearing on behalf of
respondents no.3 to 5, in compliance with the order dated 25.08.2026, has
placed copy of the charge-sheet and the letter dated 19.08.2026, today
before the Court, which are taken on record. Office is directed to proceed
accordingly. He, on the basis of instructions, submits that the enquiry
officer was appointed, vide letter dated 19.08.2026, and the charges were
framed on 03.09.2026.

4. Learned counsel appearing on behalf of the petitioner submits that copy
of the charge-sheet has not yet been served upon the petitioner. He further
emphasized the provisions enunciated under proviso to Regulation 4(i) of
the U.P. Power Corporation Ltd. Employees (Discipline and Appeal)
Regulations, 2020 (in brevity 'Regulations '2020') and submits that a
condition has been imposed through the proviso, appended to Regulation
4(i) of Regulations, 2020, that the power of suspension ought not to be
exercised unless the allegations against the employee are of such serious
nature that in the event of their being established, they would ordinarily
warrant imposition of a major penalty.

5. Having considered the rival submissions advanced by the learned
counsel for the parties and upon perusal of record, and having regard to
the provisions enunciated under proviso to Regulation 4(i) of the
Regulations, 2020, this Court is of the considered opinion that no useful
purpose would be served by keeping the instant writ petition pending.
Accordingly, without expressing any opinion on the merits of the case,
this Court deems it appropriate to finally dispose of the instant writ
petition, with the following directions :-

(i) Respondents shall serve a copy of the charge sheet dated 03.09.2026
upon the petitioner within fifteen days from today. Upon receipt of the
said charge sheet, the petitioner shall file his detailed reply/defence to the
memo of charges served upon him within a period of 15 from the date of
receipt thereof.

(ii) Upon receipt of the reply submitted by the petitioner, the disciplinary
authority shall make every endeavour to conclude the disciplinary
                                                                                            WRIA No. 13153 of 2026
                                                                    3


                                    proceedings within a period of five months thereafter, after affording the
                                    petitioner due and proper opportunity of hearing.

                                    (iii) Till a final decision is taken by the disciplinary authority, the effect
                                    and operation of the impugned order dated 19.06.2026, whereby the
                                    petitioner has been placed under suspension, shall remain in abeyance.

                                    (iv) The petitioner shall extend full co-operation in the disciplinary
                                    proceedings and shall not seek any unnecessary adjournment. In the event
                                    of any delay not attributed to the petitioner, the disciplinary authority
                                    shall ensure that the proceedings are concluded within the aforesaid
                                    period.

                                    (v) It is, however, clarified that, if considered necessary, the competent
                                    authority shall be at liberty to transfer the petitioner to any other place
                                    within the territorial jurisdiction of the same distribution company, or at
                                    the head quarter, during the pendency of the disciplinary proceedings.

                                    6. With the aforesaid observations/directions, instant writ petition stands
                                    disposed of.

                                    September 29, 2026
                                    VR

                                                                                             (Dinesh Pathak,J.)




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad