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2025 DAILYLAW 54592 (ALL)

KHAGESH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIA/6223/2025 · 2025-07-06

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107104 Court No. - 5 Case :- WRIT - A No. - 6223 of 2025 Petitioner :- Khagesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Kumar Agrawal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Shri Nitin Kumar Agrawal, learned counsel for the petitioner, Shri Saheb Tiwari, learned counsel for the respondent nos.2 to to 4 and perused the record. 2. The petitioner admittedly was appointed on outsourcing and he has been issued a show cause notice by the Upper Nagar Ayukt, Nagar Nigam, Mathura, Vrindavan on basis of some complaint, on 01.04.2025 and his services are kept in abeyance. 3. Learned counsel for the petitioner submits that till date petitioner has not submitted any reply to the show cause notice. He further submits that show cause notice was issued by the Upper Nagar Ayukt, Nagar Nigam, Mathura, Vrindavan, who is not the appointing authority and he refers the appointment letter which is issued by Project Officer, however, he is not able to dispute that the Upper Nagar Ayukt is a higher officer to the Project Officer and prays that the matter be decided by the said officer or by the Municipal Commissioner. 4. Learned counsel for the respondents submits that in pursuance of the impugned order, the Project Manager has issued a show cause notice dated 17.06.2025 to which the petitioner has still not replied, therefore, the grievance if any has already been considered. 5. In view of aforesaid circumstances, since the notice has already been issued by the Project Manager, therefore, the argument raised though have no much legal basis still does not survive and, in case, the petitioner submit reply to the show cause notice dated 17.06.2025, within a period of two weeks from today, the concerned respondent will consider the same in accordance with law. 6. The writ petition is accordingly disposed of. Order Date :- 7.7.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad