KAMAL KUMAR MAURYA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 4 OTHERS
WRIA/8121/2025 · 2025-07-25
Manish Kumar, Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153209 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153209 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43015-DB Court No. - 11 Case :- WRIT - A No. - 8121 of 2025 Petitioner :- Kamal Kumar Maurya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- C.S.C.,Shikhar Anand Hon'ble Rajesh Singh Chauhan,J. Hon'ble Manish Kumar,J.
1. Heard Sri Rajesh Kumar Verma, learned counsel for the petitioner and Sri Tushar Verma, learned Addl. Chief Standing Counsel for the State-opposite parties no.1 to 4. Sri Shikhar Anand has accepted notice for opposite party no.5.
2. By means of this petition, the petitioner has assailed the order dated 30.01.2025 (Annexure No.1) passed by the State Public Services Tribunal, U.P., Lucknow whereby claim petition filed by the petitioner has been dismissed at the admission stage.
3. While dismissing the claim petition of the petitioner at the admission stage, the State Public Services Tribunal, U.P., Lucknow (hereinafter referred to as "the Tribunal") has rightly observed in para-5 of the impugned order that the petitioner has not assailed the punishment order dated 31.05.2018 passed by the SSP, Varanasi, appellate order dated 13.08.2018 passed by the I.G., Varanasi and the revisional order dated 28.02.2019 passed by the ADG, Varanasi and the petitioner preferred a representation dated 06.02.2024 before the Deputy Commissioner of Police, Varanasi challenging the aforesaid orders. The Deputy Commissioner of Police is equivalent to the post of SP/SSP and such officer may not set aside the orders being passed by the superior authority. Since the appellate order and the revisional order have not been assailed by the petitioner before the competent authority/ court of law, so those orders have become final.
4. In view of the above, we do not find any infirmity or illegality in the impugned order dated 30.01.2025 passed by the Tribunal, therefore, no interference is warranted.
5. Accordingly, the writ petition is dismissed in limine.
6. No order as to costs. [Manish Kumar,J.] [Rajesh Singh Chauhan,J.] Order Date :- 25.7.2025 /RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench