STATE OF U.P. THRU. ITS PRIN. SECY. TRANSPORT DEPTT. LKO. v. SHANTI BHUSAN PANDEY
WRIA/9653/2025 · 2025-08-27
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160333 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160333 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9653 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Vakalatnama filed by Shri Sameer Singh, Advocate and Dr. Pooja Singh, Advocate on behalf of the respondent is taken on record.
2. Heard.
3. After arguing the matter at some length, learned Counsel for the private opposite party, Shri Sameer Singh, on being confronted with the situation where the Tribunal while allowing the claim petition of the opposite party on procedural grounds and principles of natural justice has not granted liberty to the State to proceed afresh, he fairly submitted that this liberty could not have been denied.
4. Although, there is some delay in filing the writ petition, but considering the fact that the private opposite party is represented before us, and the illegality is apparent on the face of record, we exercise our discretion to admit the writ petition and, in fact, allow it on the sole ground, as mentioned hereinabove.
5. The judgment of the Tribunal stands modified to the extent that the petitioners who were opposite parties before the Tribunal shall be at liberty to proceed against the opposite party afresh, from the stage after filling of the reply i.e. by holding a proper enquiry in terms of U.P. Government Servants (Discipline and Appeal) Rules, 1999, and the law on the subject, and pass a fresh order. Versus Counsel for Petitioner(s) : C.S.C. Counsel for Respondent(s) :
State Of U.P. Thru. Its Prin. Secy. Transport Deptt. Lko. .....Petitioner(s) Shanti Bhusan Pandey .....Respondent(s)
6. In case, any proceedings are undertaken, as aforesaid, by the petitioner, then they should be concluded at the earliest.
7. The writ petition is allowed in part. August 27, 2025 Lokesh Kumar WRIA No. 9653 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench