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2025 DAILYLAW 110779 (ALL)

UPENDRA RAJ SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/19846/2024 · 2025-03-02

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29103 Court No. - 6 Case :- WRIT - A No. - 19846 of 2024 Petitioner :- Upendra Raj Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Utkarsh Birla Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Utkarsh Birla, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. 2. Present petition has been filed seeking following relief:- "a). a writ order or direction in the nature of certiorari quashing the order dated 08.08.2024 passed by respondent no. 2 whereby the petitioner has been given the major punishment of a censure entry and two increments in salary have been permanently withheld. " 3. Case was heard on 19.02.2025 and Court has passed following order; "1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Utkarsh Birla, learned counsel for the petitioner and learned Standing Counsel for the State. 2. Learned counsel for the petitioner submitted that vide impugned order dated 08.08.2024, major penalty has been granted to the petitioner without following Rule 7 of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as 'Rules 1999'). It is next submitted that no oral inquiry has been conducted in terms of Rule 7 of Rules 1999, therefore, order is bad and liable to be set aside. 3. Learned Standing Counsel prays for and is granted 10 days' time to seek instructions from respondent no.1 within a week. 4. List this case on 03.03.2025, as fresh in top ten cases." 4. Pursuant to order dated 19.02.2025, learned Additional Chief Standing Counsel has produced instruction dated 27.02.2025, which is taken on record. In the instruction, there is no denial of facts so mentioned in the order dated 19.02.2025. 5. Under such facts of the case, impugned order dated is 08.08.2024 hereby quashed and writ petition is allowed with all consequential benefits. 6. However, liberty is given to the respondents to pass fresh order in accordance with Rule 7 of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999. Order Date :- 3.3.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad