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Allahabad High Court

SHYAM SUNDAR CHAUHANversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The suspension order shall be kept in abeyance subject to the filing of a charge‑sheet within one week or the conclusion of disciplinary proceedings within six weeks, and the petition is disposed.

Summary

Petitioner Shyam Sundar Chauhan challenged his suspension dated 10‑02‑2026, arguing that no inquiry had been initiated and he had performed his duties diligently. The respondent, the State of U.P., indicated that a charge‑sheet, if not already filed, would be submitted within a week. The Court directed that if the charge‑sheet is not filed within that period, the suspension order shall be kept in abeyance; alternatively, if the charge‑sheet is filed, the disciplinary proceedings must be concluded within six weeks with the petitioner’s cooperation, and the suspension shall remain in abeyance. The Court also directed that any other grievance of the petitioner be addressed by the concerned respondent within four weeks. Accordingly, the writ petition was disposed of.

Issues considered

  • Whether the suspension order is valid in the absence of a charge‑sheet and an inquiry
  • Whether the petitioner is entitled to interim relief pending disciplinary proceedings

Subjects

  • suspension
  • disciplinary proceedings
  • charge-sheet
  • writ petition
  • administrative law
  • procedural fairness

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 5968 of 2026

                                    Shyam Sundar Chauhan
                                                                                                  .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Harindra Prasad
                                    Counsel for Respondent(s)            :   Brijesh Kumar Srivastava, C.S.C.

                                    Court No. - 32
                                                 HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1.Petitioner was suspended vide an order dated 10.2.2026.

                                    2. Sri Harindra Prasad, learned counsel for the petitioner submits that till
                                    date no inquiry has been initiated by the Committee of Management against
                                    the petitioner and that petitioner was always discharging his duties with
                                    devotion.

                                    3. Sri Brijesh Kumar Srivastava, learned counsel for the respondent nos.4
                                    and 5 submits that charge-sheet if already not submitted, will be submitted
                                    within a period of one week.

                                    4. In the aforesaid circumstances, if charge-sheet is not submitted within
                                    aforesaid period, order of suspension shall be kept in abeyance and in the
                                    alternative if charge-sheet is submitted within aforesaid period, disciplinary
                                    proceedings if any, be concluded with co-operation of petitioner within a
                                    period of six weeks thereafter, then also impugned order of suspension shall
                                    be kept in abeyance.
                                    5. So far as other grievance of petitioner is concern, he can still approach
                                    concern respondent who will consider it and legal impediment, if any, will
                                    be communicated to the petitioner within a period of four weeks.
                                    6. Accordingly, this writ petition is disposed of.


                                                                                 (Saurabh Shyam Shamshery,J.)

                                    May 7, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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