PRAMOD KUMAR SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF ENERGY LKO. AND 6 OTHERS
WRIC/9373/2025 · 2025-09-19
Manjive Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164506 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9373 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard Shri Rohit Jaiswal, learned counsel for the petitioner, learned Standing Counsel for the State, Shri Shikhar Anand, learned counsel for Respondents No. 2 and 3 and Ms. Aprajita Bansal, learned counsel for Respondent No. 4.
2. The captioned writ petition has been filed by the petitioner inter alia, praying for the following relief:-
"(a.) Issue a writ, order or direction in the nature of certiorari quashing the Impugned order dated 13.09.2023 passed by the Respondent No. 3 in File No. S-5-156/Review/2023 related to Complaint No. S-3- 605/C/2018."
3. Learned counsel for the petitioner has argued that vide impugned order dated 13.09.2023, direction has been issued for recovery of penalty imposed pursuant to order dated 23.03.2022. He further submits that petitioner had already filed an application for recall of the orders dated 23.03.2022 and 13.09.2023 and the same is pending, therefore, unless the said application is decided, there cannot be any occasion for recovery of penalty amount.
4. Shri Shikhar Anand, learned counsel appearing for Respondents No. 2 Versus Counsel for Petitioner(s) : Rohit Jaiswal, Brij Mohan Singh, Rajneesh Kumar, Shankar Dayal Jaiswal Counsel for Respondent(s) : C.S.C., Aprajita Bansal, Shikhar Anand Pramod Kumar Singh .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Energy Lko. And 6 Others .....Respondent(s)
and 3 has vehemently opposed this writ petition.
5. We have considered the submissions made by the learned counsels for the parties and we find that application for recall of the order dated 23.03.2022 is pending, therefore, as of now, there is no occasion to start recovery proceedings against the petitioner.
6. Accordingly, the writ petition is disposed of with a direction to Respondents No. 2 and 3 to decide the application for recall of the orders dated 23.03.2022 and 13.09.2023 within a period of two months from today and only thereafter, to proceed for recovery of penalty imposed under order dated 13.09.2023. September 19, 2025 Lokesh Kumar WRIC No. 9373 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench