2025 (11) TMI 485

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....ions in the matter and he does not propose to file any further affidavits 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 he was selected through U.P. Public Service Commission, Prayagraj as Commercial Tax Officer in the year 2012 and he was accorded joining on 24.08.2012 and he was promoted as Assistant Commissioner, State Tax on 19.06.2018 and he was transferred as Assistant Commissioner, State Tax, Sector-2, Sitapur on 23.09.2023 and while he was posted wherein on 18.09.2025, an order came to be passed by the respondent no. 1, Principal/ Joint Secretary, State Tax Anubaghh-1, U.P. Shashan, Lucknow placing the writ petitioner under suspension on the gro....

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....dertaken by the writ petitioner in official capacity and it is not a matter that on the fall of hat, an order is to be passed. He submits that the writ petitioner was vigilant and the impugned suspension order does not recite as to what on date, the communication regarding the factum of existence of an adverse report was there. 6. Sri Manish Kumar, learned Standing Counsel on the other hand submits that the entire basis on which the writ petition has been structured is baseless, particularly, when the adverse report against the firm came to be submitted on 27.12.2024 and the writ petitioner instead of issuing a show cause notice and suspending the GST registration of the firm immediately waited till on 06.02.2025, pursuant whereto on 18.....

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....ima facie portray misconduct which entails holding of an inquiry and possibility of imposition of major penalty. 10. Here, in the present case, in exercise of jurisdiction under Article 226 of the Constitution of India, this Court cannot usurp the power of the disciplinary authority to inquire into the said allegations, and it would not be appropriate to record any finding on the merits of the allegations. Obviously, there are subject matters of inquiry. Since the entire basis of the argument of the learned Senior Counsel for the petitioner hinges upon the allegations that he was not made aware of the adverse report dated 27.12.2024, and thus he could not be placed under suspension as he had not committed any misconduct, this Court is no....