Neutral Citation No. - 2025:AHC:20382 Court No. - 4 Case :- WRIT - A No. - 1032 of 2025 Petitioner :- Dinesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Rai,Chandan Sharma Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Chandan Sharma, learned counsel appearing for the petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution of India, petitioner has questioned the notice dated 26.04.2022 on the ground that once the department has already held the petitioner to be absolutely guilty of the alleged charges, there remains nothing to enquire about, even though, petitioner has been directed to submit reply in this regard. 3. Learned counsel for the petitioner has drawn the attention of the Court to the second part of first paragraph of the order dated 26.04.2022, in which petitioner has been held to be absolutely guilty of the charge after the enquiry was conducted. 4. Disputing the submission so advanced, learned Standing Counsel submits that the second paragraph virtually qualifies the first paragraph of the notice in which petitioner has been held to have been found only prima facie guilty and, hence, according to him after petitioner submits his explanation, entire matter will be decided afresh without getting influenced by what has observed in the second part of the first paragraph of notice dated 26.04.2022. 5. It further transpires from the record that the petitioner has already submitted his reply on 01.01.2024, copy whereof has been brought on record as Annexure No.3 to the petition. 6. In such circumstances, therefore, this petition stands disposed of with direction to the competent authority namely Principal Secretary, State of U.P. to look into and consider the reply of the petitioner and take a decision afresh without getting influenced in any manner to what has been observed in the second part of the first paragraph of the notice dated 26.04.2022. 7. Appropriate decision shall be taken within a maximum period of 2 months from the date of production of certified copy of this order and after the decision is taken, the petitioner's representation for the second ACP benefit with effect from 01.04.2018 shall be considered and disposed of in accordance with law. Order Date :- 11.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad