2025 (11) TMI 248

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....opose to file any affidavit thus with the consent of the parties, writ petition is being decided at the fresh stage. 3.The case of the writ petitioner is that the writ petitioner joined the services as Commissioner Tax Officer on 20.08.2008 and was promoted on the post of Assistant Commissioner, State Tax on 02.01.2014 and further promoted on 11.03.2014 being on the post of Deputy Commissioner, State Tax, Sector-12, Prayagraj while the writ petitioner was posted as Deputy Commissioner, State Tax, Sector-12, Prayagraj, the impugned suspension order came to be passed on 23.09.2025 placing the writ petitioner under suspension on the ground that there happened to be a firm by the name of M/s Kanhaiya Enterprises who had been accorded deem GS....

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.... 26.06.2023 to 22.08.2023 under medical leave. Further contention is that the writ petitioner was not in his office and was not discharging any official duty, thus no misconduct can be said to have been conducted. 2. On a pointed query being raised to Sri Manish Kumar, learned Standing Counsel as to what was the date when the set off was accorded with respect to I.T.C, he seeks time to obtain instructions and report back with better particulars, as the instructions, which he possesses do not answer the said query. 3. On his request, matter is adjourned for the day. 4. Put up this case on 03.11.2025, as fresh. 5. Instructions filed today are taken on record." 6. Post passing of the order, today instructions have....

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....o the firm on account of the act and the omissions of the writ petitioner has also no leg to stand, particularly, the writ petitioner post availing a child care leave from 01.06.2023 to 25.06.2023 and from 26.06.2023 to 22.08.2023 under medical leave was transferred to Gorakhpur on 22.08.2023 and the set off which is alleged to have been illegally claimed by the said firm is for the Month of December, 2023, January, 2024, February, 2024 and March, 2024 wherein the writ petitioner was not even in the office itself. He submits that the writ petitioner is not shy to participate in the departmental proceedings but since the writ petitioner was also not present in Prayagraj where the alleged misconduct is stated to have been committed while post....