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2025 DAILYLAW 22309 (ALL)

DEVENDRA SINGH v. STATE OF U.P. AND 7 OTHERS

SPLA/99/2025 · 2025-03-04

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31885-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 99 of 2025 Appellant :- Devendra Singh Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Sunil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Aggrieved by the charge-sheet, which was served upon the petitioner on 1.5.2024, a writ petition was filed by the petitioner in this Court. During pendency of that writ petition, a punishment order was passed on 28.6.2024 and, the petitioner filed another writ petition, being Writ-A No.10481 of 2024. The following prayers were made in this writ petition: "(i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 28.6.2024 passed by respondent no.3 by which to the petitioner given punishment 2 years increment permanently for 6 years and further the petitioner has been transferred from Government Inter College, Ashok Nagar, District Rampur to Government Inter College, Bishukiya, District Ballia. (ii) Issue a writ, order or directions in the nature of interim mandamus for status quo maintain regarding working place Government Inter College, Ashok Nagar, Rampur the petitioner permitted to working in the said institution and regular salary included to the period of suspension shall be pay. (iii) Issue any suitable order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) To award the cost of this writ petition in favour of petitioner." 2. We definitely find that in the subsequent writ petition, the charge-sheet was not under challenge. In the instant case, today, the petitioner appeared in person and submitted that while issuing the charge-sheet, the provisions of Rule 7 ((iii) and (v) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 have been violated. 3. However, since in the subsequent writ petition the charge-sheet has not been assailed, we have no doubt about the fact that this issue was never argued before the learned Single Judge. Hence, there is no error in the order of the learned Single Judge. 4. The special appeal is, accordingly, dismissed. Order Date :- 5.3.2025 RKK/- (Dr Y K Srivastava, J) (Siddhartha Varma, J) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad