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Neutral Citation No. - 2025:AHC:29217 Court No. - 6 Case :- WRIT - A No. - 15896 of 2024 Petitioner :- Sunil Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the petitioner and learned standing counsel for State-respondents. 2. Present petition has been filed seeking following relief:-
"a) Issue, a writ, order or direction, in the nature of certiorari, for quashing the impugned order dated 12.9.2023 passed by the respondent no.2, enclosed as Annexure-1 to the writ petition. b0 Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities to reinstate the services, with all consequential benefits. c.) Issue, a writ, order or direction, in the nature of mandamus, commanding the respondents authorities, to pay all the arrears of salary since the punishment awarded the dismissal from services and accordingly pay all consequential benefits to the petitioner."
3. Learned counsel for petitioner submitted that in the present dispute, inquiry was completed against the petitioner on 01.06.2022 and a show cause notice dated 10.08.2022 was issued to the petitioner under Rules 4(1)(a) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'Rules, 1991')proposing punishment of dismissal from service. In the said notice, 15 days time was given to the petitioner to submit his reply. The said show cause notice was received by the petitioner, thereafter, petitioner has moved application seeking one month further time to submit his reply, but without granting time, impugned dismissal order has been passed, which is bad and liable to be set aside. 4. Learned standing counsel has raised preliminary objection and submitted that petitioner is having alternative remedy to file appeal before next authority under Rule 20 of Rules, 1991, but could not dispute this fact that inquiry was completed on 01.06.2022 and show cause notice was issued on 10.08.2022. 5. Considering the facts of the case, petitioner is granted 15 days' time from today to submit his reply to the show cause notice dated 29.09.2024. 6. In case reply is filed, respondent no. 2 is directed to consider the reply of petitioner and pass reasoned order in accordance with Rules, 1991 or any other rules occupying the field within four weeks thereafter. 7. With the aforesaid observations, writ petition is disposed of.
8. Earlier order dated 12.09.2023 shall abide by the fresh order passed by respondent no. 2. Order Date :- 28.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad