OM PRAKASH (VDO) AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF GRAM VIKAS, LKO. AND 4 OTHERS
WRIA/12115/2025 · 2025-10-17
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189856 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189856 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12115 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 26.09.2025 whereby punishment has been imposed upon petitioners of reversion as also of lodging F.I.R. against them. 3. It has been submitted that earlier as well similar orders had been passed on 19.04.2025 and 12.06.2025. The same were challenged in WRIT - A No. - 8188 of 2025 which was allowed by means judgment and order dated 01.08.2025 primarily on ground that the orders were without jurisdiction since in view of fact that petitioners were Secretaries of the Village Panchayat, it is only the District Panchayat Raj Officer who was empowered to pass final orders with regard to any recovery. It has also been submitted that prior to passing of impugned order, which is in the nature of major penalty, no charge sheet was ever provided to petitioners. 4. Learned State Counsel has been provided written instructions dated 13.10.2025 and 15.10.2025, which are taken on record, and as per which the appointing authority of petitioners is District Development Officer. Upon perusal of written instruction particularly dated 15.10.2025, it is evident that it is admitted by opposite parties that with regard to petitioners, it is the District Development Officer who is the competent authority being the the appointing authority of petitioners. It has also been admitted that prior to passing of impugned orders pertaining to major penalty of reversion, no charge sheet was provided to petitioners. Versus Counsel for Petitioner(s) : Ravi Kumar Yadav Counsel for Respondent(s) : C.S.C. Om Prakash (Vdo) And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Gram Vikas, Lko. And 4 Others .....Respondent(s)
5.In view of aforesaid aspects, the impugned order dated 26.09.2025 is unsustainable and is therefore quashed by issuance of a writ in the nature of Certiorari so far as it relates to order of reversion and of any recovery to be instituted against petitioners. Liberty is granted to competent authority to pass orders afresh in accordance with law and the Service Rules applicable upon petitioners. 6. With aforesaid directions, the petition is allowed at the admission stage itself.
The parties to bear their own costs. October 17, 2025 kvg/- WRIA No. 12115 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench