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2025 DAILYLAW 159052 (ALL)

SHARAD CHANDRA GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. LKO AND 3 OTHERS

WRIA/9404/2025 · 2025-08-22

Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9404 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, Shri P.K. Singh, learned Additional Chief Standing Counsel for the respondents-State and Dr Udai Veer Singh, learned counsel appearing for respondent No.2 to 4. 2. With the consent of the parties, the matter is being decided finally. 3. Contention of the learned counsel for the petitioner is that the respondents had issued a charge-sheet dated 25.06.2025, a copy of which is Annexure-22 to the petition, to the petitioner. The petitioner had submitted reply to the charge-sheet. Thereafter, the respondents had enquired into the charges and without supplying the enquiry report they have passed the impugned order dated 23.06.2025, a copy of which is Annexure-1 to the petition, whereby they have cancelled the appointment order of the petitioner dated 16.10.2009. 4. Legal argument is that once an enquiry under the provisions of Uttar Pradesh Government Servant (Discipline and Appeal) Rules,1999 was initiated against the petitioner consequently the respondents could have only imposed the punishment as prescribed under the rules and could not have withdrawn the appointment order. 5. Responding Dr Udai Veer Singh, learned counsel appearing for respondents No.2 to 4 states that some error has crept in while passing the impugned order. He prays that the impugned order may be quashed with Versus Counsel for Petitioner(s) : Nagendra Bahadur Singh Counsel for Respondent(s) : C.S.C., Uday Veer Singh Sharad Chandra Gupta .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko And 3 Others .....Respondent(s) liberty to the respondents to pass a fresh order in accordance with law. 6. Considering the aforesaid the order impugned dated 23.06.2025, a copy of which is Annexure-1 to the petition, is quashed. The writ petition is allowed. 7. Consequences to follow. 8. It would be open to the respondents to pass a fresh order after supplying enquiry report to the petitioner. August 22, 2025 prateek WRIA No. 9404 of 2025 2 (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench