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2025 DAILYLAW 163695 (ALL)

MAHENDRA PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. AGRICULTURE U.P. LKO. AND 7 OTHERS

/10524/2025 · 2025-09-12

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10524 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. The present petition has been filed challenging order dated 29.08.2025 whereby petitioner has been suspended from service in contemplation of departmental proceedings. 3. Learned counsel for petitioner has raised a ground that impugned order has been passed by authority who is not competent and therefore the order impugned is without jurisdiction since the appointing authority of petitioner is the Director of Agriculture and not the District Agricultural Officer. 4. However learned State Counsel has provided a copy of the U.P, Agriculture Department Ministerial Service Rules, 1983 as notified on 01.08.1983 in which the appointing authority has been indicated in Rule 3(a) as the authority mentioned in Appendix A. A perusal thereof indicates that the Director of Agriculture is the appointing authority for such officers who are appointed in the Headquarter of Directorate and for other persons, it is the Head of Department who is the appointing authority. 5. Admittedly, petitioner is not employed in the Headquarter of Directorate and therefore the District Agriculture Officer would be the Versus Counsel for Petitioner(s) : Daya Shankar Yadav, Sanjiv Kumar Singh Counsel for Respondent(s) : C.S.C. Mahendra Pratap Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Agriculture U.P. Lko. And 7 Others .....Respondent(s) Head of Department to the appointing authority. 6. Learned counsel for petitioner could not dispute the fact that the Rules of 1983 are applicable upon petitioner. 7. In view thereof, the ground raised with regard to jurisdiction is therefore rejected. 8. From a perusal of impugned order, it is evident that allegations pertaining to embezzlement have been made against petitioner for which inquiry is contemplated. The charge indicated is quite serious and therefore this Court does not find any good ground to grant indulgence. The petition therefore fails and is dismissed at the admission stage. Parties to bear their own costs. September 12, 2025 Subodh/- WRIA No. 10524 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench