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2025 DAILYLAW 150593 (ALL)

SUNIL KUMAR SONKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. EXCISE LKO. AND ANOTHER

WRIA/7590/2025 · 2025-07-15

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40252 Court No. - 18 Case :- WRIT - A No. - 7590 of 2025 Petitioner :- Sunil Kumar Sonkar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Excise Lko. And Another Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar,Balram Yadav 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 seeking a direction to concerned authority for payment of salary and allowance of the deemed suspension period from December 2006 till February 2007 along with interest. 3. It is submitted by learned counsel for petitioner that earlier petitioner was placed under suspension in view of criminal proceedings initiated against him whereafter petitioner has been acquitted by means of judgment and order dated 08.12.2023 in Sessions Trial No. 1000015 of 2007 against which an appeal is pending. 4. Learned counsel for petitioner submits that since petitioner has already been honourably acquitted in criminal proceedings, he is entitled for aforesaid benefits in view of judgement rendered by Division Bench of this Court in the case of Dr. Ram Khelawan Singh Vs. State of U.P. and another reported in 2008 SCC OnLine All 889. 4. Since consideration of petitioner's grievance would entail factual aspect, liberty is granted to him to file a fresh representation before respondent no. 1 i.e., Additional Chief Secretary Excise, U.P. Government, Civil Secretariat, Lucknow, who shall consider and decide the same keeping in view the judgment rendered by this Court in case the same is applicabl expeditiously within a period of eight weeks from the date a certified copy of the order is served upon him. 5. With the aforesaid observations/directions, petition stands disposed of. Order Date :- 15.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench