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2025 DAILYLAW 101743 (ALL)

RAJESH KUMAR GUPTA v. STATE OF U.P. AND 3 OTHERS

WRIA/14798/2025 · 2025-09-25

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14798 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the order dated 5th February, 2025 passed by the office of Director General of Medical and Health Services U.P., Lucknow as well as order dated 26th June, 2025 and 3rd September, 2025 passed by the Chief Medical Superintendent Combined District Hospital, Maharajganj. It is argued by learned counsel for the petitioner that respondents are not justified to re-fix the petitioner's salary w.e.f. 12th September, 2002 and that too without any notice and opportunity given to him. Upon a pointed query being learned Standing Counsel could not justify the order for want of compliance of principle of natural justice. From the order impugned it is clearly reflected that no notice much less a show cause notice was ever issued to the petitioner prior to passing of the order of fixation and consequential order. In view of the above, this petition stands disposed of with a direction to the petitioner to take order as a notice and submit his reply within a period of four weeks from today and in the event such reply is made, the same shall be considered and disposed of by means of a reasoned and speaking order within a further period of two months and until such decision is Versus Counsel for Petitioner(s) : Ajay Kumar Tripathi, Maruti Kumar Tripathi Counsel for Respondent(s) : C.S.C. Rajesh Kumar Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) taken, order dated 5th February, 2025 and consequential order dated 26th June, 2025 and 3rd September, 2022 shall remain in abeyance. September 26, 2025 Atmesh WRIA No. 14798 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad