STATE OF U.P THROUGH ITS PRINCIPAL SECRY. MINORITY WELFARE AND WAQF AND ORS. v. SMT. RESHMEEN AKHTAR
WRIA/189/2022 · 2025-09-15
Prashant Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116255 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116255 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 189 of 2022 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned Additional Chief Standing Counsel for the State and Shri Shishir Jain, learned counsel for the private respondent.
2. By means of this writ petition the State has challenged the judgment and order dated 14.06.2021 passed by the U.P. Public Service Tribunal in Claim Petition No. 1308 of 2017 (Smt. Reshmeen Akhtar Vs. State of U.P. and Ors.) by which the Tribunal has set-aside the punishment order dated 22.11.2016 except the censure.
3. By means of the said punishment order three punishments were imposed. One was reduction in rank from the post of Chief Waqf Inspector to her original post of Waqf Inspector. Second was reduction to the initial stage in the pay-scale of Waqf Inspector. Third was censure entry.
4. The Tribunal has recorded a finding that during pendency of the claim petition the services of the private respondent in respect of the alleged unauthorized absence were regularized by sanctioning leave and has ultimately found the punishment to be excessive.
5. The learned counsel for the private respondent has submitted that three punishments could not have been imposed based on the same charge sheet and, apart from being highly excessive, it was impressible in law. He has relied upon a decision of Hon'ble the Supreme Court reported in (2006) 3 Versus Counsel for Petitioner(s) : C.S.C. Counsel for Respondent(s) : Shishir Jain State Of U.P Through Its Principal Secry. Minority Welfare And Waqf And Ors. .....Petitioner(s) Smt. Reshmeen Akhtar .....Respondent(s)
SCC 167; Union of India and Anr. Vs. S.C. Parashar. Most important he says that the private respondent has already been allowed to voluntary retire on 18.08.2025 during pendency of this writ petition.
6. Having gone through the judgment of the learned Tribunal and taking into consideration the voluntary retirement of the private respondent, we do not find any valid ground for interfering with the impugned judgment. The reasoning given therein and the conclusions arrived at do not suffer from any error.
7. The writ petition is, accordingly, dismissed. September 15, 2025 R.K.P.
WRIA No. 189 of 2022 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench