STATE OF U.P. THRU.THE ADDL. CHIEF SECY./ PRIN. SECY. REVENUE LKO. AND ANOTHER v. MAHENDRA SINGH
WRIA/9991/2025 · 2025-09-04
Manjive Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 161511 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161511 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9991 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Having heard learned counsel for the parties and perused the record, as the punishment order dated 04.06.2018 and the appellate/review orders have been quashed on the grounds of violation of procedural and natural justice and there is no finding by the Tribunal that the charge itself is not made out, therefore, it was in the fitness of things that it should have granted liberty to the petitioners herein to proceed afresh from the stage of consideration of the inquiry report by the disciplinary authority, which has not been done. This is the only ground pressed by learned counsel for petitioners. Although it is the case of opposite party that the charge itself is not made out, but there is no such finding by the Tribunal and this plea can be raised before the disciplinary authority as and when the notice is received by the opposite party herein from the disciplinary authority based on the inquiry report.
2. We are of the opinion that the judgment of the Tribunal is required to be modified to the extent that it shall be open for the disciplinary authority to give notice to the opposite party herein in terms of Rule 9(2) of U.P. Government Servants (Discipline and Appeal) Rules, 1999, and the law on the subject, and thereafter, proceed to take a fresh decision in the matter. The pleas raised by the opposite party herein would be considered and the aforesaid proceedings shall be completed within three months. The writ petition is disposed of with this modification in the Versus Counsel for Petitioner(s) : C.S.C. Counsel for Respondent(s) : Raj Kumar Upadhyaya (R.K.Upadhyaya), Pragati Singh State Of U.P. Thru.The Addl. Chief Secy./ Prin. Secy. Revenue Lko. And Another .....Petitioner(s) Mahendra Singh .....Respondent(s)
impugned judgment and order dated 06.12.2024. September 4, 2025 Renu/- WRIA No. 9991 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench