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2025 DAILYLAW 38381 (ALL)

RAJESH KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS

WRIA/4279/2025 · 2025-07-16

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115844 Court No. - 5 Case :- WRIT - A No. - 4279 of 2025 Petitioner :- Rajesh Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Prakash Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Uday Prakash, learned counsel for petitioner and Sri Kartikeya Saran, learned Additional Advocate General assisted by Sri Ajit Kumar Singh, learned Additional C.S.C. for State. 2. Learned counsel for petitioner has able to point out that in the light of judgment dated 04.12.2024 passed by Division Bench of this Court in a Special Appeal filed by petitioner in Rajesh Kumar Yadav vs. State of U.P. and others, 2024:AHC:190523-DB as well as order dated 27.05.2024 passed by State respondents whereby he was exonerated in departmental inquiry, probably no further or fresh Open Inquiry may be conducted against him. 3. Learned A.A.G. is present in Court has quickly perused the records and rightly referred paragraph 14 of counter affidavit that Investigation Report on basis of open investigation has already been prepared on 20.02.2025 and is submitted before State Government i.e. respondent-1 to take appropriate decision. Said paragraph also acknowledges that petitioner has filed a representation, therefore, he submits that while considering the report, concerned State-respondent may be directed to look into effect of referred judgment as well as order dated 27.05.2024 as well as whether due procedure of conducting investigation was followed or not. 4. I have considered above submissions and perused the records. 5. Since there are subsequent events that Investigation Report dated 20.02.2025 has already been placed before respondent-1 and Court is not aware about its contents, therefore, it would be appropriate that present petition be disposed of with following directions :- (i) Respondent-1 will consider investigation report after taking note of above referred order passed by Division Bench of this Court, order dated 27.05.2024 as well as representation dated 10.03.2025 filed by the petitioner. (ii) It would be appropriate if the petitioner be confronted with the Investigation Report with a show cause notice if there is no legal impediment so that he may place his case. (iii) On basis of above observations and directions, concerned respondents shall take reasoned decision within six weeks. Order Date :- 17.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad