Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13741 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Prateek Sinha, learned counsel for petitioner, Sri Saurabh, learned Standing Counsel for State-Respondents and Sri Prabhakar Awasthi, Advocate for Respondents-5 and 6.
2. Petitioner before this Court appears to be repeatedly involve in financial irregularities. Admittedly he was punished earlier vide order dated 15.02.2021 and he has admitted guilt and deposited about Rs. 5 lacs. There are various instances of financial embezzlement also and admittedly petitioner has not appeared in inquiry despite opportunities and he has not placed any document in support of his case. Now petitioner has come up with a case that due process has not been followed and he placed reliance on relevant provisions of applicable rules that a detail procedure has to be followed even if incumbent does not appear in departmental inquiry. Versus Counsel for Petitioner(s) : Bipin Kumar Jaiswal, Prateek Sinha Counsel for Respondent(s) : C.S.C. Rajiv Kumar Sharma .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
3. However, the Court is of the opinion that principle of prejudice is applicable to the case of petitioner since it could not be a case that petitioner remain silent and all responsibility is upon respondents. The charges are based on documentary evidence and in writ petition there is absolutely no whisper that charges are wrong or disputed on basis of material. Therefore, even the due procedure was not strictly followed but it was the petitioner who was on default and in writ jurisdiction it cannot be interfered.
4. The writ petition is accordingly dismissed with cost of Rs. 50,000/-. October 30, 2025 AK WRIA No. 13741 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad