STATE OF U.P. THRU. ITS PRIN. SECY. IRRIGATION DEPTT. U.P. LKO. AND 2 OTHERS v. ALJEET SINGH AND ANOTHER
/7685/2025 · 2025-08-13
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151606 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151606 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47476-DB Court No. - 1 Case :- WRIT - A No. - 7685 of 2025 Petitioner :- State Of U.P. Thru. Its Prin. Secy. Irrigation Deptt. U.P. Lko. And 2 Others Respondent :- Aljeet Singh And Another Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Shikhar Anand Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. Heard. This petition which is connected to Writ-A No. 24610 of 2019, which has been dismissed by us today, has been filed on 14.07.2025, challenging the judgment and order dated 26.05.2025 passed in proceedings under Rule 24 of the U.P. Public Service Tribunal (Procedure) Rules, 1992 bearing no. 09 of 2019 arising out of Claim Petition No. 1830 of 2010. Proceedings under Rule 24 were initiated for enforcement of the judgment and order of the Tribunal. We have already dismissed the writ petition filed by the petitioner challenging the judgment passed in Claim Petition No. 1830 of 2010 today itself. By means of the impugned order dated 26.05.2025, the Tribunal has found that in spite of having knowledge of the judgment passed in the aforesaid claim petition way back on 28.02.2017, the petitioners herein who are respondents in the proceedings under Rule 24 have deliberately not complied the same. Accordingly, it had imposed a fine of Rs. 100/- upon the Engineer-in-Chief, Irrigation Department, Lucknow and Executive Engineer, Nalkoop Khand, Hardoi, and also ordered its deduction from their salary and its deposit in the treasury. An endorsement to that effect had also been ordered to be made in the Service Book of the said officers. The submission of the petitioners' counsel is that the Engineer- In-Chief was not a party in the proceedings under Rule 24, yet, fine was imposed. However, we find that the Engineer-In-Chief, Irrigation Department, Lucknow has not challenged the said
order and he is not a petitioner herein, whether by designation or by name, therefore, we fail to understand as to how this argument is available to the State Counsel to defend the said
Engineer-In-Chief. As regards, the Executive Engineer, we find absolutely no reason to interfere with the impugned order, as, there was no stay of the judgment dated 28.02.2017 passed in Claim Petition No. 1830 of 2010, yet it was not complied. Moreover, the said judgment was challenged in the aforesaid writ petition bearing Writ A No. 24610 of 2019, only in 2019 i.e. after a lot of delay. We do not find any error in the observations / findings recorded by the Tribunal in the order dated 26.05.2025. In fact, filing of this petition is also nothing but waste of time and abuse of the process of law. We, accordingly, dismiss this writ petition with a cost of Rs. 11,000/- to be paid to the respondent no. 1. This cost shall be paid by the petitioners within a period of one month.
Order Date :- 13.8.2025 Lokesh Kumar [Manjive Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench