RITA PANDEY v. STATE OF U.P. THRU. PRIN. SECY. VIGILANCE-4, LKO. AND 2 OTHERS
WRIA/7221/2025 · 2025-08-13
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149709 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149709 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47419 Court No. - 8 Case :- WRIT - A No. - 7221 of 2025 Petitioner :- Rita Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Vigilance-4, Lko. And 2 Others Counsel for Petitioner :- Ashish Chaturvedi,Ashwani Kumar Counsel for Respondent :- C.S.C.,Amrendra Pratap Singh,Dhruv Mathur Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner, learned State Counsel for opposite party No. 1, Mr. Dhruv Mathur, learned counsel for opposite party No.2, Mr. Amarendra Pratap Singh, learned counsel for opposite party No.3, while power on behalf of opposite party No.4 has been filed by Mr. Alok Kumar Pandey and Mr. Vinod Kumar Shukla Advocates, which is taken on record. 2. Petition has been filed seeking following reliefs:-
" i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 16.04.2025 passed by the Opposite Party No.2 vide which the three-member committee was illegally dissolved contained in Annexure No.1, to the writ petition. ii. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.05.2024 passed by the Opposite Party No.2 after summoning the same in original vide which the promotion of the petitioner and repatriation of other persons has been cancelled. iii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to implement the order dated 15.01.2024 along will all consequential benefits with arrears with 12% interest and further direct the Opposite Parties to modify the promotion of the Petitioner on the post of Under Secretary on notional basis w.e.f 2018 instead of 10.03.2021 and also on the post of Deputy Secretary on notional basis w.e.f 10.03.2021 instead of 15.01.2024. iv. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to refix the pension and other pensionary benefit by implementing the order dated 15.01.2024 deeming the petitioner to be on the post of Deputy Secretary in the pay scale 15600-39100, Grade Pay- 7600 revise pay matrix level-12, 78800-209200
v. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider and promote the Petitioner on the post of Undersecretary w.e.f Sept, 2018 and on the post of Deputy Secretary w.e.f 10.03.2021."
3.
It has been submitted that by means of order dated 15th May, 2024, earlier promotion granted to petitioner on the post of Deputy Secretary in the office of Lok Ayukta has been cancelled without affording any opportunity of hearing to petitioner. 4. Learned counsel for opposite parties has refuted submissions advanced by learned counsel for petitioner with submission that in view of serious complaints being received with regard to
order indicated herein above, corrective steps were taken, leading to passing of impugned order.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident and admitted that petitioner was earlier promoted on the post of Deputy Secretary in the office of Lok Ayukt vide order dated 15th January, 2024, which has been cancelled by means of order dated 15th May, 2024 which has been brought on record by means of affidavit filed on behalf of parties 2 and 3.
6. A perusal of aforesaid order makes it evident that same has been passed indicating certain irregularities in passing of the
order dated 15th January 2024. However, it is also evident that the said order has been passed without issuing show cause notice to petitioner or affording any opportunity of hearing.
7. In the considered opinion of this court, once a promotion
order had been passed on 15th January, 2024 and petitioner had joined in pursuance thereof, she had a vested right of being heard prior to cancellation of the said order. Such a course of action having not been followed, renders the impugned orders dated 16th April, 2025 and 15th May, 2024 vitiated.
8. Considering aforesaid facts and circumstances, the impugned orders indicated herein above are hereby quashed by issuance of writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh but only after affording opportunity of hearing to petitioner and considering her reply.
9. Consequently, the petition succeeds and is allowed. Parties to
bear their own costs.
Order Date :- 13.8.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench