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2025 DAILYLAW 149858 (ALL)

SANDEEP KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. GOVT. LKO AND 2 OTHERS

WRIA/7417/2025 · 2025-07-10

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39283 Court No. - 18 Case :- WRIT - A No. - 7417 of 2025 Petitioner :- Sandeep Kumar Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Govt. Lko And 2 Others Counsel for Petitioner :- Avinash Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 12.06.2025 visiting petitioner with major penalty of withholding one increment with cumulative effect. 3. It has been submitted by learned counsel for petitioner that petitioner was issued a charge sheet dated 11.04.2025 with sole charge that petitioner was shown as receiving bribe in a video which was uploaded on the social media. It is submitted that upon receipt of said charge sheet, petitioner by means of letter dated 09.05.2025, which was received in the office of official concerned, required a copy of clipping, which was allegedly uploaded on the social media but despite such a request being made, was never supplied to him and impugned order has been passed without holding any inquiry and is therefore in violation of Rule 7 oft he U.P. Government Servants (Discipline & Appeal) Rules, 1999. 4. Learned State Counsel has not been provided any instructions in the matter. 5. However, from perusal of impugned order dated 12.06.2025, it is quite evident that the same has been passed in the absence of any reply submitted by petitioner. 6. The order, does not advert at all to letter dated 09.05.2025 written by petitioner seeking sole evidence against him, which was indicated in charge sheet dated 11.04.2025. 7. From perusal of impugned order, it is thus evident that it has been passed in violation of mandatory procedure indicated in Rule 7 of the 1999 Rules without affording adequate opportunity of hearing. 8. In view thereof, impugned order dated 12.06.2025 is hereby quashed by issuing a writ of Certiorari granting liberty to respondents to inquire afresh of the charges levelled against petitioner from the stage of filing of reply. The concerned inquiry officer is directed to provide copy of clipping as indicated in the charge sheet to petitioner within a period of ten days from the date a certified copy of this order is served upon him. On receipt of such evidence, petitioner is directed to submit his reply within a period of two weeks thereafter. The respondents shall make endeavour to conclude inquiry proceedings within a period of six months thereafter. 9. With the aforesaid directions/observations, petition stands allowed at the admission stage itself. 10. Parties to bear their own costs. Order Date :- 10.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench