MOHD. INTEZAR HUSSAIN v. STATE OF U.P. AND 2 OTHERS
WRIA/20598/2024 · 2025-02-27
Neeraj Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112814 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112814 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28132 Court No. - 6 Case :- WRIT - A No. - 20598 of 2024 Petitioner :- Mohd. Intezar Hussain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.,Ghanshyam Das Mishra,Ravindra Kumar Dwivedi Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents.
2. Case was heard on 20.02.2025 and Court has passed following
order;
"1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Learned counsel for the petitioner submitted that impugned order has been passed without sanction as required under Regulation 351-A of Civil Service Regulations, therefore, impugned order is bad and liable to be set aside. He also pointed out that a similar dispute is also engaging attention of this Court in Writ A No. 20490 of 2024.
3. Learned Standing Counsel prays for and is granted a week's time to seek instruction in both the matters.
4. Put up as fresh on 28.02.2025 along with records of Writ A No. 20490 of 2024 amongst top 10 cases."
3. Pursuant to order dated 20.02.2025, learned standing counsel has produced instruction dated 25.02.2025, which is taken on record. As per instruction, no sanction has been obtained under Regulation 351-A of the Civil Service Regulations before passing the impugned order.
4. Under such facts of the case, writ petition is allowed. Impugned
order dated 23.11.2024 is hereby quashed.
5. However, liberty is given to respondent no. 3 to pass fresh order in accordance with law.
6. No order as to costs.
Order Date :- 28.2.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad