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2025 DAILYLAW 142783 (ALL)

OM PRAKASH MISHRA v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 3 OTHERS

WRIA/6331/2025 · 2025-05-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34186 Court No. - 3 Case :- WRIT - A No. - 6331 of 2025 Petitioner :- Om Prakash Mishra Respondent :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 3 Others Counsel for Petitioner :- Shireesh Kumar,Utkarsh Kumar Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajesh Singh Chauhan,J. Heard Sri Shireesh Kumar, learned counsel for the petitioner, Sri D.C. Pathak, learned Additional Chief Standing Counsel for the opposite party nos. 1 and 2 and Sri K.K. Pandey, Advocate who has filed vakalatnama on behalf of opposite party nos. 2 to 4 and the same is taken on record. By means of this petition, the petitioner has prayed the following reliefs:- "(i) issue a writ, order or direction in the nature of mandamus commanding the opposite party to forthwith pass a final order to conclude the enquiry instituted vide order dated 29.12.2023. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party to forthwith release all the post retiral benefits of the petitioner in his favour of the petitioner along with arrears." Sri Shireesh Kumar stated that the petitioner retired from the post of Executive Engineer on 31st August, 2022. During his service, one departmental enquiry has been initiated against him and the enquiry has been concluded. The enquiry officer has concluded the departmental enquiry on 25.10.2023 and objection by the petitioner against the enquiry report was submitted on 15.3.2024 before the disciplinary authority, but no final decision has been taken by the disciplinary authority concluding the departmental proceedings. Having considered the aforesaid submission of Sri Shireesh Kumar, I hereby dispose of this petition finally at the admission stage directing the disciplinary authority, i.e., opposite party no. 1 to conclude the departmental proceedings by passing final order within a period of one month from the receipt of certified copy of the order of this court, thereafter the petitioner shall be paid his post to retire dues/benefits within further period of one month, subject to final outcome of the final order being passed by the disciplinary authority. It is needless to say that those retiral benefits which may not be stopped in any manner, whatsoever shall be paid to the petitioner fourthwith. Order Date :- 30.5.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench