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2025 DAILYLAW 197711 (ALL)

MANISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9512/2025 · 2025-11-14

Abdul Shahid

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9512 of 2025 Court No. - 29 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Learned counsel for the petitioner has submitted that there are the irregularities. He is having the 483 persons, who are obtaining ration from his shop and only five have made complaint and he also pointed out some anomaly in those complaint. 3. Learned AGA for the State has submitted that it is a matter related to the offence punishable up to seven years imprisonment. There is no apprehension of the arrest of the petitioner. 4. Learned counsel for the petitioner has submitted that his shop is suspended. He is having the efficacious remedy. He may avail it. Learned counsel for the petitioner has submitted that there is a Division Bench judgment passed by this Court in Misc.Single No.32679 of 2019 titled Shankar Prasad vs. State of UP and others, where the learned Division Bench has held that the words, 'full-fledged inquiry' as used by the Full- Bench of this Court in the decision of Pooran Singh (supra) has to be read in context with paras 4 and 5 of the Government Order of July, 2004 and the scheme therein, which merely requires adherence to principles of natural justice and does not provide for a detailed inquiry involving various stages and steps, as are required to be met in disciplinary inquiry against a government-servant. Versus Counsel for Applicant(s) : Prabhu Sharan, Deepali Prajapati, Divyani Mishra Counsel for Opposite Party(s) : G.A. Manish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 5. The principles of natural justice has been followed by the competent authorities. 6. There is no illegality in the impugned order. 7. Hence, this application is finally disposed of with this direction that the application of bail, if any, moved by the petitioner before the concerned trial court, the same shall be considered in view of the law laid down in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021. November 14, 2025 LNTripathi A482 No. 9512 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench