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2025 DAILYLAW 140434 (ALL)

STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF GEOLOGY AND MINING GOVT. OF U.P. LKO. AND OTHERS v. SHAILENDRA KUMAR MAURYA AND ANOTHER

WRIA/4147/2024 · 2025-09-15

Prashant Kumar, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 4147 of 2024 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. After arguing the matter at length, Sri A.P. Singh Vatsa appearing for the private respondent, on being confronted that the Tribunal having interfered with the punishment order on procedural grounds and violation of principles of natural justice, should have granted liberty to the Inquiry Officer to proceed afresh from the stage after submission of the reply and on being asked to point out any finding by the Tribunal to the effect that there was no evidence to prove the charges, he could not satisfy us based on the facts before us that liberty should not have been granted for holding inquiry afresh. 2. We are of the considered opinion that the ground on which the Tribunal has interfered with the punishment order, such as, no date, time and place of inquiry being fixed, non-application of mind while passing the punishment order, reply not being considered, reason not being given are all procedural grounds and those refererable to natural justice, therefore, the least that the Tribunal should have done was to permit the opposite parties to proceed with the disciplinary proceedings afresh from the stage of fixing date for the inquiry and conducting it accordingly 3. We accordingly, modify the judgment of the Tribunal only to the extent that the petitioners herein who were opposite parties before the Tribunal shall be at liberty to continue with the inquiry from the stage after the Versus Counsel for Petitioner(s) : C.S.C. Counsel for Respondent(s) : Ajay Pratap Singh Vatsa, Manish Mishra State Of U.P. Thru. Prin. Secy. Deptt. Of Geology And Mining Govt. Of U.P. Lko. And Others .....Petitioner(s) Shailendra Kumar Maurya And Another .....Respondent(s) submission of the reply, which infact had already been submitted, fix a date for inquiry, conclude it as per law and thereafter proceed to take such decision as per the Disciplinary Rules as may be required and permissible in law, say within six months. 4. The writ petition is accordingly, allowed. September 15, 2025 pks WRIA No. 4147 of 2024 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench