Neutral Citation No. - 2025:AHC-LKO:40899 Court No. - 5 Case :- WRIT - A No. - 2585 of 2025 Petitioner :- Dr. Ajit Priyadarshi Respondent :- State Of U.P. Thru. Addl. Chief. Secy. Lko. And 6 Others Counsel for Petitioner :- Satish Kumar Mishra,Shubham Singh Counsel for Respondent :- C.S.C.,Anurag Kumar Singh,Ram Prakash Pandey Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondents No.1 and 3, Sri Dharmendra Pratap Singh, Advocate holding brief of Sri Anurag Kumar Singh, learned counsel appearing for respondent No.2 and Sri Ram Prakash Pandey, learned counsel appearing for respondents No.4 and 5. 2. Despite notice being served upon respondent No.6, as per office report dated 02.05.2025, he has failed to put in appearance and no one has responded on his behalf. 3. With the consent of learned counsel for the parties, the instant writ petition is being finally decided. 4. Under challenge is the order dated 25.01.2025, a copy of which is annexure-1 to the petition, whereby, in anticipation of departmental proceedings, an increment of the petitioner has been withheld. Also under challenge is the report of the inquiry committee dated 31.01.2025 as annexed to the said order. 5. Admittedly, prior to passing of the order impugned dated 25.01.2025, no departmental inquiry was conducted against the petitioner; rather the order itself indicates that till the departmental proceedings are initiated, an increment is being withheld. 6. It is contended that as per the statutes, withholding of an increment is a penalty which could only have been resorted to in case the petitioner had been found guilty in departmental proceedings, which is not the case at hand. 7. Sri Ram Prakash Pandey, learned counsel for the respondents No.4 and 5 states that a serious charge has been levelled against the petitioner, but he admits that no regular departmental inquiry has been initiated against the petitioner. 8. Considering the aforesaid, there cannot be any occasion for the respondents to have passed the order impugned dated 25.01.2025 withholding the increment of the petitioner. 9. Accordingly, the order impugned dated 25.01.2025, a copy of which is annexure-1 to the petition, is quashed. 10. Consequences to follow. 11. However, it is open to the respondents to proceed against the petitioner in accordance with law. 12. In view of the aforesaid observation/ direction, the writ petition stands disposed of. [Abdul Moin, J.] Order Date :- 17.7.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench