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2025 DAILYLAW 175521 (ALL)

SHIVMURAT SINGH KUSHWAHA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE GOVT. OF U.P. ANUBAG LKO. AND 2 OTHERS

WRIA/12227/2025 · 2025-11-04

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12227 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Earlier on 30.10.2025 following order had been passed:- 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking a direction to authority concerned with regard to reinstatement in service as a consequence of automatic revocation of suspension order dated 24.01.2024 in terms of judgment and order dated 22.08.2025 passed in WRIT - A No. - 1294 of 2024. 3. Concomitant prayer for a direction to opposite parties to permit petitioner to resume duties forthwith has also been sought. 4. It has been submitted that earlier petitioner had filed WRIT - A No. - 1294 of 2024 challenging order of suspension from service dated 24.01.2024. The said petition was disposed of vide judgment and order dated 22.08.2025 with direction that since petitioner has been kept under suspension for more than one and a half years, therefore, in view of judgment rendered by Hon'ble the supreme Court in Ajay Kumar Chaudhary v. Union of India and others reported in (2015) 7 SCC 291, it was directed that in case final order pertaining to disciplinary proceedings against petitioner was not passed within a period of four weeks from the last date petitioner was required to submit his reply to show cause notice, the suspension order shall automatically stand revoked. 5. It is submitted that the last date for filing of response to show cause notice by petitioner was indicated as two weeks from 22.08.2025 whereas final orders were not passed within the time frame stipulated by this Court resulting in automatic revocation of suspension of petitioner but petitioner has not been reinstated in service till date. Versus Counsel for Petitioner(s) : Sajjad Husain, Kulsoom Firoz Counsel for Respondent(s) : C.S.C. Shivmurat Singh Kushwaha .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue Govt. Of U.P. Anubag Lko. And 2 Others .....Respondent(s) 6. Learned State Counsel has been provided written instructions dated 29.10.2025 , a copy of which is taken on record, which however does not indicate the date of passing of any final order in the disciplinary proceedings. Paragraph-4 thereof only indicates that the proposed punishment has been sent to the Commission vide letter dated 17.10.2025 for obtaining its opinion. 7. From the instructions, it is therefore evident that till date, no final orders have been passed with regard to petitioner. 8. In view thereof, it is evident that the suspension order dated 24.01.2024 automatically stood revoked. 9. The instructions do not indicate any reason for not reinstating petitioner in service due to automatic revocation of suspension order. It is not the case of opposite parties that the judgment and order dated 22.08.2025 was ever challenged by opposite parties and has therefore attained finality. 10. In view thereof, list this case on 04.11.2025 at 02:15 P.M. 11. It is made clear that in case reinstatement orders are not produced before this Court on the next date of listing, opposite party no.1 i.e. Principal Secretary, Department of Revenue, Government of U.P., Lucknow shall appear in person on the date fixed to explain the conduct and as to why the issue may not be referred to Contempt Court after framing of charges." 3. Learned State Counsel has been provided written instructions dated 3.11.2025, which are taken on record and as per which order dated 3.11.2025 has already been passed reinstating petitioner in service in pursuance of directions issued by this Court. 4. In view of aforesaid, salary to petitioner has also been sought from the date petitioner was required to be reinstated in service in terms of directions of this court dated 22.8.2025 passed in Writ A No. 1294 of 2024. Payment of same shall be ensured within a period of six weeks from the date a certified copy of this order is served upon the authority concerned. 5. With the aforesaid directions, the petition stands disposed of. November 4, 2025 prabhat WRIA No. 12227 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench