Allahabad High Court
AMIT KUMAR SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The Court held that there is no good reason to interfere with the suspension order.
Summary
The petitioner, Amit Kumar Singh, challenged a suspension order dated 12‑12‑2025 that attached him to a government Ayurvedic hospital pending disciplinary proceedings. The respondents argued that disciplinary action was being initiated, a charge sheet was to be issued shortly, and the petitioner was uncooperative. The petitioner contended that he had assumed charge of the attached post and sought relief from the suspension. The Court examined whether there was any merit to interfere with the suspension before the charge sheet and disciplinary inquiry were completed. It found no sufficient ground to set aside the suspension but directed the respondents to decide on issuing a charge sheet within four weeks, after which the disciplinary process must be concluded expeditiously. If no decision is taken within the stipulated period, the suspension order will automatically be revoked.
Issues considered
- Whether the High Court should interfere with a suspension order pending the issuance of a charge sheet and disciplinary proceedings.
- Whether the petitioner is entitled to relief from suspension in the absence of a formally issued charge sheet.
Subjects
- suspension
- disciplinary proceedings
- charge sheet
- service law
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 1851 of 2026
Amit Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Srivastava, Ganesh
Shanker Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 39
Sl. No. 9
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Ganesh Shanker Srivastava, learned counsel for the
petitioner and Shri Prem Shanker Mishra, learned standing counsel for the
respondents.
2. The instant petition has been filed challenging the suspension order
dated 12.12.2025 passed in view of the disciplinary proceedings initiated
against the petitioner. The petitioner has been suspended by the
impugned order and he has been attached to the Government Ayurvedic
Hospital, Nithaura, Maharajganj.
3. Learned standing counsel submits that since the disciplinary
proceedings are to be initiated against the petitioner, therefore, he has
been suspended and previously an enquiry officer was also appointed.
However, another enquiry officer has been appointed and the necessary
proceedings with regard to issuance of charge sheet and the disciplinary
proceedings against the petitioner are in go. It is also submitted by the
learned standing counsel for the respondents that the petitioner is not
cooperating in the enquiry and is not attending at the attached place.
4. Learned counsel for the petitioner relying upon the paragraph 14 of the
writ petition submits that the petitioner has assumed the charge to the
attached place.
WRIA No. 1851 of 2026
2
5. Learned standing counsel submits that since the disciplinary
proceedings are to be initiated and the charge sheet, which is yet to be
issued to the petitioner shall be issued to him very shortly.
6. In view of the above and having considered the facts and circumstances
of the case as well as the submissions advanced by learned counsel for the
petitioner, this Court do not find any good reason to interfere with the
impugned suspension order.
7. However, the instant petition is disposed of with a direction to the
respondents to take a decision, whether charge sheet is to be issued
against the petitioner in furtherance of the suspension order within a
period of four weeks from the date of receipt of a certified copy of this
order. If the charge sheet is issued within the said period, it is expected
that the respondents shall conclude the disciplinary proceedings against
the petitioner as expeditiously as possible without any undue delay
subject to cooperation of the petitioner.
8. In case the respondents fail to take the decision within the stipulated
period on receipt of a certified copy of this order and no further
proceedings is initiated, the impugned suspension order shall stand
revoked automatically, after expiry of four weeks.
(Anish Kumar Gupta,J.)
March 19, 2026
o.k.
Digitally signed by :-
OM KRISHNA CHOUDHARY
High Court of Judicature at Allahabad
Checking your session…