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2025 DAILYLAW 164629 (ALL)

CHANDAN PATHAK v. STATE OF U.P. THRU. PRIN. SECY. PUBLIC WORKS DEPTT. LKO. AND ANOTHER

WRIA/10855/2025 · 2025-09-16

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10855 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard petitioner in person and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 08.09.2025 whereby two member inquiry committee has been constituted with regard to an alleged incident taking place on 08.09.2025 whereunder petitioner allegedly misbehaved with the Engineer-in-Chief (Design and Planning) P.W.D., Lucknow. 3. It is submitted that impugned order has been passed with malice in law and without following any rules or regulations. It is also submitted that with regard to the same incident, petitioner also had submitted a complaint on 08.09.2025, which was emailed to the Engineer-in-Chief but while inquiry has been instituted against petitioner, no steps have been taken by opposite parties to address complaint raised by petitioner. 4. Learned Additional Advocate General appearing on behalf of opposite parties on the basis of instructions submits that the order impugned has instituted only a fact finding preliminary inquiry in which report has already been submitted whereafter petitioner has been placed under suspension from service and a disciplinary inquiry is contemplated. 5. Upon consideration of submissions advanced by parties and perusal of material on record, it appears that the order under challenge dated Versus Counsel for Petitioner(s) : In Person Counsel for Respondent(s) : C.S.C. Chandan Pathak .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Public Works Deptt. Lko. And Another .....Respondent(s) 08.09.2025 was in fact for institution of only a preliminary inquiry. It has also been submitted that in pursuance thereof, report has already been submitted whereafter petitioner has been suspended from service and disciplinary proceedings are under contemplation. 6. It is evident that petitioner has not challenged the suspension order on the ground that it has never been served upon him. 7. It also appears that some incident has taken place on 08.09.2025 in which counter allegations have been made by petitioner as well as the official concerned. While the complaint against petitioner has been taken cognizance of by opposite parties by instituting a preliminary inquiry but it appears that no cognizance has been taken of the complaint which was made by petitioner. 8. In view thereof, without interfering with the order impugned, the opposite party no.2 i.e. Engineer in Chief (H.O.D.) Uttar Pradesh Public Works Department, Lucknow is directed to consider and decide petitioner's complaint which was emailed to him on 08.09.2025 itself. Appropriate decision with regard to same shall be taken within one week from the date certified copy of this order is served upon concerned authority. 9. With aforesaid directions, petition stands disposed of. September 16, 2025 Satish WRIA No. 10855 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench