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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15063 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Attreya Dutt Mishra, learned counsel for the petitioner and Sri Pramod Kumar Singh, learned Standing Counsel, who appears for Respondents 1, 2 and 3. 2. The case of the writ petitioner is that the writ petitioner was appointed on the post of Pharmacist in the year 2013 in the Primary Health Centre, Chhataha District Mirzapur, however, a complaint stood lodged against the writ petitioner regarding questioning his testimonials pursuant whereto the second respondent, Additional Director, Health and Family Welfare, Mandal Vindhyanchal Mirzapur required the writ petitioner to appear before him along with the original degree/ diploma/ educational certificate for inquiry and the writ petitioner claims to have appeared before the second respondent on 06.05.2024 and placed the entire documents which were verified. It is the case of the writ petitioner that the original documents of the writ petitioner stood misplaced/ lost and a notice to the said extent was published in the widely circulated newspapers and on the basis of the duplicate copy so prepared by the writ petitioner and attested by him, he has submitted to the respondents, however, on 31.12.2024 an order came to be passed by the Chief Medical Officer, Mirzapur, third respondent stopping the salary on the ground that the writ petitioner is to produce entire testimonials like High School Marksheet, Intermediate Marksheet/ certificate and the marksheet of diploma in pharmacy examination and other documents, otherwise departmental proceedings was initiated. 3. Questioning the same, the writ petitioner has been filed the present writ petition. Versus Counsel for Petitioner(s) : Attreya Dutt Mishra, Brijesh Kumar Pandey Counsel for Respondent(s) : C.S.C. Rajsekhar Mishra .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
4. Learned counsel for the writ petitioner has submitted that the writ petitioner has already submitted the entire documents before the respondents and the original documents stood misplaced, notice was published in the widely circulated newspapers and the copy of the same was duly attested but the salary has been stopped without any reason. 5.
Learned Standing Counsel submits that whatever might be once a complaint stood lodged regarding the genuineness of the testimonials of the writ petitioner then it is always open for the employer to conduct an inquiry and investigation in that regard and in furtherance of the same, the exercise has been undertaken, according to him, there is nothing incorrect or deficient in this regard and it is for the writ petitioner not to shy but to submit the document which was required for. 6. I have heard learned counsel for the parties and gone through the records carefully. 7. Apparently, on the basis of the complaint, the second respondent required the writ petitioner to submit documents and the writ petitioner claims to have submitted the documents, however, the original documents are stated to have been lost and the copies of the same were also produced. 8. In the opinion of the Court, once an employer seeks furnishing of the documents then the writ petitioner is to submit the document and in case, the said has already submitted then without further delving into the said aspect, it is provided that the writ petitioner shall appear before the Chief Medical Officer, Mirzapur, third respondent along with all documents which are available with him by 27.10.2025 and the third respondent shall thereafter proceed to pass an order regarding the payment of salary of the writ petitioner within one month therefrom. 9. With the aforesaid observation, the writ petition is disposed off. October 7, 2025 A. Prajapati WRIA No. 15063 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad