SANTOSH KUMAR v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/15377/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 191070 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191070 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15377 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Faizur Rehman, learned counsel for the petitioner, and Sri Jitendra Prasad, learned Standing Counsel for the State. 2. The case of the writ petitioner is that he was appointed as a Class IV Safai Karmachari on 11.04.2008. It is alleged that he was being transferred frequently within a short span of time, which compelled him to file Writ Petition No. 10645 of 2025, wherein an order was passed on 30.07.2025 directing the respondent to consider the grievance of the petitioner raised in his representation 21.07.2025. 3. Thereafter, according to the petitioner, the same came to be decided and against the transfer order, the writ petitioner is not aggrieved. 4. However, the petitioner is now aggrieved by a show cause notice dated 19.07.2025, issued by the District Panchayat Raj Officer, Kanpur Dehat, calling upon him to explain as to why he should not be suspended and why departmental proceedings be not initiated for alleged laxity in work and not working as per order passed therein. 5. Challenging the said order, the present writ petition has been filed. 6. Learned counsel for the petitioner submits that though it is shown to the show cause notice but in fact, it is an order whereby, salary for the month of August 2025 till date has been withheld and simultaneously, the writ petitioner has been show caused to submit a reply. Versus Counsel for Petitioner(s) : Faizur Rahman Counsel for Respondent(s) : C.S.C. Santosh Kumar .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
7. It is further submitted that withholding of salary can only be done subject to the compliance of the principles of natural justice, i.e., after issuance of a show cause notice and due consideration of the reply. 8. It is stated that the petitioner has already submitted his reply dated 29.08.2025 in response to the show cause notice, and he prays that the same be considered at this stage and an appropriate order be passed. 9. Learned Standing Counsel, Sri Jitendra Prasad, submits that since the show cause notice has been issued and salary of the writ petitioner has been withheld since August 2025, the competent authority shall consider the reply submitted by the petitioner and take a decision accordingly.
He further submits that payment of the withheld salary shall be subject to the outcome of the disciplinary proceedings. 10. Considering the submissions so made across the bar, the writ petition stands disposed of with a direction to Respondent No. 4 - District Panchayat Raj Adhikari, Kanpur Dehat to consider and decide the reply submitted by the petitioner to the show cause notice and pass an appropriate reasoned and speaking order within a period of one month from the date of production of a certified copy of this order. 11. For facilitation and early disposal, the writ petitioner shall submit a certified copy of this order, along with a self-attested copy of the writ petition and an application, if any, on or before 31.10.2025. October 14, 2025 S.A.
WRIA No. 15377 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad