KRISHNA MOHAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. AGRICULTURE LKO. AND 4 OTHERS
WRIA/7487/2025 · 2025-07-11
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150463 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150463 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39650 Court No. - 18 Case :- WRIT - A No. - 7487 of 2025 Petitioner :- Krishna Mohan Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Agriculture Lko. And 4 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 8th April, 2025 whereby petitioner currently employed on the post of Senior Clerk has been suspended from service.
3. It has been submitted that impugned order has been passed purportedly in terms of U.P. Government Servant (Discipline and Appeal) Rules 1999 but does not even indicate the allegations or charges levelled against petitioner and has been passed only as a measure of compliance of the order dated 5th March, 2025 issued by Joint Director of Agriculture, Lucknow Division, Lucknow. It is therefore submitted that impugned
order has been passed in violation of Rule 4 of Rules 1999 and also indicates non application of mind by the authority concerned since impugned order has been passed at the dictates of a higher authorities.
4. Learned State Counsel has sought defend the impugned order on the basis that the order specifically indicates that it has been passed in pursuance of order passed by the Joint Director of Agriculture and in pursuance of Rule 7 of Rules 1999.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that impugned order does not even indicate any gist of allegations or charges levelled against petitioner and appears to have been passed only in compliance of directions issued by the higher authorities dated 5th March, 2025.
6. It is settled law that while passing of order of suspension, the competent authority is required to apply his mind independently of any directions issued by any other authority. The allegations or charges levelled against delinquent employee are also required to be indicated in the suspension order with a satisfaction being recorded that the allegations if made out
would entail major penalty.
7. None of the aforesaid aspects have been taken into account while passing the impugned order dated 8th April, 2025, which is therefore quashed by issuance of writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh but keeping in mind the aforesaid aspects as well as conditions indicated in Rule 4 of Rules of 1999.
8. Consequently the petition succeeds and is allowed. Parties to bear their own cost.
Order Date :- 11.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench