SUDHAKAR v. STATE OF U.P. THRU. ADDL. RESOUR. DEPTT. LKO. AND 2 OTHERS
WRIA/1902/2025 · 2025-02-14
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123297 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9956 Court No. - 6 Case :- WRIT - A No. - 1902 of 2025 Petitioner :- Sudhakar Respondent :- State Of U.P. Thru. Addl. Resour. Deptt. Lko. And 2 Others Counsel for Petitioner :- Shambhoo Sharan Lal Srivastava,Ashish Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Shri Ashish Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State. 2. The present petition has been filed with the following prayer:
"I. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 12.12.2024 passed by the State Government, as contained in Annexure No. 1 to this writ petition. II. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to finalise the disciplinary proceeding initiated against the petitioner on the basis of enquiry report dated 27.07.2023 within the time prescribed by this Hon'ble Court. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to direct the opposite party no.2 to consider and decide the representation of the petitioner dated 17.01.2025 submitted by the petitioner against the impugned order, as contained in Annexure No.2. III. issue any other suitable writ, order or direction in favour of the petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. IV. award costs of the petition to the petitioner."
3. Learned counsel for the petitioner has submitted that the petitioner, by way of present petition, has challenged the order dated 12.12.2024 passed by the State Government whereby it has been stated that the previous Enquiry Officer has since been promoted to the post of Chief Engineer, Level-I, and consequently, another Enquiry Officer i.e. Special Secretary, Irrigation and Water Resources Department, State of UP, Lucknow has been appointed who shall proceed to conduct the enquiry after issuance of a fresh charge sheet. He has further
submitted that the said order is illegal and arbitrary inasmuch as, the entire enquiry has been concluded and enquiry report has already been forwarded to Disciplinary Authority, therefore, at this stage, respondents cannot appoint a fresh Enquiry Officer directing him to issue fresh charge sheet. 4.
Learned Standing Counsel, at the very outset, has placed before this Court a copy of the order dated 23.01.2025 written by the Chief Engineer Personnel stated that the order dated 12.12.2024 which has been challenged in the present petition has already been withdrawn and a copy of the said order has been provided to the learned counsel for the petitioner. 5. After perusal of the order dated 23.01.2025, it is clearly submitted that the order dated 12.12.2024 has already been withdrawn, therefore, no further grievance of the petitioner subsists. 6. In light of the above, the present petition stands infructuous with regard to the prayer no.1. 7. Considering the fact that the enquiry report has already been submitted and the petitioner has also submitted his reply to the show-cause notice, now, necessary orders have to be passed by the Disciplinary Authority. 8. Let necessary orders be passed, not later than the period of four weeks from the date of production of certified copy of this
order before the respondent no.1.
9. The petition is disposed of with the aforesaid view. (Alok Mathur,J.)
Order Date :- 14.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench