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Allahabad High Court · body

2025 DAILYLAW 181527 (ALL)

SHASHI BHUSHAN MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOUSING AND URBAN PLANNING GOVT. LKO. AND 3 OTHERS

WRIA/14189/2025 · 2025-12-10

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14189 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Mr. Anagh Shukla, learned counsel on behalf of the respondent nos. 3 &4 is taken on record. Heard learned counsel for the petitioner, Dr. Uday Veer Singh, learned counsel for the respondent nos. 1 and 2 and Mr. Anagh Shukla, learned counsel for the respondent nos. 3 & 4. Present writ petition has been filed with the following reliefs:- "(i)issue a writ, order or direction in the nature of mandamus commanding the opposite party to forthwith pass a final order to conclude the enquiry instituted vide order dated 14.05.2024, (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party to forthwith release all the post retiral benefits of the petitioner in his favour along with arrears." Contention of the learned counsel for the petitioner is that the petitioner has retired on 30.6.2024 and an enquiry has been instituted against him, wherein the reply has been submitted by the petitioner in the month of December 2024, but the same has not been concluded which resulted in non-payment of retiral dues to the petitioner, thus, acute prejudice is caused to him. He further submits that interest of justice would be subserved if the enquiry officer/competent authority is directed to conclude the enquiry proceedings Versus Counsel for Petitioner(s) : Shireesh Kumar, Utkarsh Kumar Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Shashi Bhushan Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning Govt. Lko. And 3 Others .....Respondent(s) within stipulated period of time as may be fixed by this Court. Learned counsel for the respondents has no objection to the submission aforesaid. This Court finds that the petitioner is a retired employee and an enquiry was instituted against him wherein he has already submitted his reply but even after passing of one year, the enquiry proceedings has not been concluded. In this view of the above, the competent authority/enquiry officer is directed to conclude the enquiry proceedings in accordance with law, within a period of two months, from the date of production of certified copy of this order before him.; Needless to say that if the enquiry proceedings are concluded and decision goes in favour of the petitioner, the retiral dues, if any, which the petitioner is entitled to, will be paid to him, within further period of two months. With the aforesaid observations, the writ petition is hereby disposed of. December 10, 2025 Ram Murti WRIA No. 14189 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench