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2025 DAILYLAW 114756 (ALL)

ADDL. S.P. MANOJ KUMAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/124/2025 · 2025-01-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1333 Court No. - 6 Case :- WRIT - A No. - 124 of 2025 Petitioner :- Addl. S.P. Manoj Kumar Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Petitioner :- Chandra Prakash Dwivedi,Kartikeya Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Kartikeya Dwivedi, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. By means of present writ petition, the petitioner has assailed the order dated 12.07.2022 whereby the petitioner has been awarded a punishment of censure entry and also prayed for a writ of mandamus to direct respondents not to give effect to the censure entry. 3. Learned Standing counsel at the very outset has submitted that against the punishment order dated 12.07.2022, the petitioner has already approached U.P. State Public Service Tribunal by filing a Claim Petition No. 252 of 2023 (Manoj Kumar Pandey Vs. State of U.P.) and consequently for the same relief, present writ petition would not be maintainable. 4. Learned counsel for petitioner does not dispute the aforesaid facts but submits that it is only because the D.P.C. is going to take place and his matter is not being heard by the U.P. State Public Service Tribunal for the last two years, he approached this Court by filing present writ petition. 5. After arguing at some length, learned counsel for petitioner confines his prayer for the suitable direction to the U.P. State Public Service Tribunal to decide the claim petition of the petitioner expeditiously. 6. In light of the aforesaid, it is clear that present writ petition would not be maintainable in so far as the challenge has been made to the order of punishment dated 12.07.2022 for which the petitioner has already approached the U.P. State Public Service Tribunal by filing Claim Petiton No. 252 of 2023. 7. Considering the fact that two years have lapsed and there is urgency in the matter, liberty is granted to the petitioner to move an appropriate application bringing on the record the fact of oncoming D.P.C. and in case such an application is filed, the U.P. State Pubic Service Tribunal shall consider and decide the same with expedition, if possible, decide the said claim petition with expedition. 8. Subject to the aforesaid observations, the writ petition stands dismissed. (Alok Mathur, J.) Order Date :- 8.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench