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2025 DAILYLAW 123618 (ALL)

MANJEET SINGH v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY./ PRIN. SECY. LKO. AND 4 OTHERS

WRIA/1890/2025 · 2025-02-28

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12258 Court No. - 5 Case :- WRIT - A No. - 1890 of 2025 Petitioner :- Manjeet Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Lko. And 4 Others Counsel for Petitioner :- Ram Raj,Vedant Bhargava Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of respondent No.1 as well as Shri N.C. Mehrotra, learned counsel appearing on behalf of respondents No.2 to 5. 2. With the consent of learned counsels for the parties concerned, the matter is being finally decided. 3. It is contended that the facts of the case have already been set forth in the order of this Court dated 14.02.2025. 4. For the sake of convenience, the order dated 14.02.2025 is reproduced below: "Heard. Under challenge is the notice dated 27.01.2025, a copy of which is annexure 1 to the writ petition, whereby the petitioner has been made available an inquiry report dated 25.01.2025 and has been asked to appear for a personal hearing on 13.02.2025. The argument of learned counsel for the petitioner is that a perusal of the inquiry report dated 25.01.2025, a copy of which is annexure 2 to the writ petition, would indicate that while submitting the inquiry report against the petitioner the inquiry officer has placed reliance on an earlier inquiry report dated 06.06.2024 apart from other material. The argument is that the said inquiry report dated 06.06.2024 had already been quashed by this Court vide judgement and order dated 08.07.2024 passed in Writ A No. 4825 of 2024 in re: Manjeet Singh vs State of U.P. and others, a copy of which is annexure 16 to the writ petition, and consequently placing reliance, while holding charges as proved against the petitioner, on the basis of an inquiry report which already stands quashed, reflects patent non application of mind and also vitiates the inquiry report on this ground alone. Shri Naresh Chandra Mehrotra, learned counsel for the respondents no. 2 to 5 prays for and is granted a weeks' time to seek instructions in the matter. List this case in the next week as fresh. Till then the petitioner shall not be compelled to attend the personal hearing in pursuance to the impugned notice." 5. From a perusal of the aforesaid order, it emerges that the petitioner is aggrieved by the notice dated 27.01.2025 whereby he has been made available the inquiry report dated 25.01.2025 and has been asked to appear for a personal hearing. 6. It has been contended by learned counsel for the petitioner that the inquiry report dated 25.01.2025 refers to an earlier inquiry report dated 06.06.2024 which has already been quashed by this Court vide judgment and order dated 08.07.2024 passed in Writ A No.4825 of 2024 in Re: Manjeet Singh vs. State of U.P. and 4 Ors., a copy of which is annexure 16 to the petition. 7. This Court had required Shri N.C. Mehrotra, learned counsel for the respondents No.2 to 5 to seek instructions in the matter. 8. Although Shri N.C. Mehtortra has received instructions but he is unable to dispute the aforesaid error being committed by the Inquiry Officer while submitting his inquiry report. 9. Considering the aforesaid, the show cause notice dated 27.01.2025 along with the inquiry report dated 25.01.2025, copies of which are annexures 1 & 2 to the petition respectively, are quashed. The respondents shall proceed to submit a fresh inquiry report in accordance with law which would be submitted within a period of three months from the date of receipt of a certified copy of this order. Order Date :- 28.2.2025/S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench