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2025 DAILYLAW 55953 (ALL)

SANJAY KUMAR SHARMA v. STATE OF U.P. AND 2 OTHERS

WRIA/6521/2025 · 2025-05-12

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78231-DB Court No. - 29 Case :- WRIT - A No. - 6521 of 2025 Petitioner :- Sanjay Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Singh,Avnish Kumar Dwivedi,Chandrahas Singh Gautam Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. The writ petitioner was transferred from Prayagraj to Mahoba in 2021. He was required to vacate the official accommodation allotted to him within a month. The writ petitioner did not do so. Ultimately, the premise was vacated in November, 2023. A show cause notice was issued to the writ petitioner which ultimately culminated in passing of an order of minor punishment awarding censure entry to him. Appeal and revision against such orders were rejected. A claim petition filed before the Tribunal was also dismissed. 2. Shri G.K. Singh, learned Senior Counsel for the petitioner, argues that the charge against the writ petitioner was that he had not vacated the premises despite notices issued to him. It is urged that in fact no notice was issued earlier and for the first time notices were issued in September, 2023, whereafter, the premises were vacated in November, 2023. It is, therefore, submitted that there was no default on the part of the writ petitioner and consequently the imposition of punishment is arbitrary. 3. Learned State Counsel on the other hand submits that every government servant is aware that within a month of his/her transfer, the official accommodation provided is required to be vacated. It is urged that the writ petitioner continued to retain the official accommodation for well over two years and the mere ground that written notices were allegedly served on him in September, 2023 would not be a ground which would lessen the default on part of the writ petitioner. 4. Having heard the learned counsel for the parties, we find substance in the objection of the State inasmuch as being an Inspector, the writ petitioner was clearly aware of his obligation to surrender the government accommodation soon after his transfer. Having continued to retain such accommodation for well over two years, the writ petitioner cannot be permitted to say that only because notices were served on him in the month of September, 2023, he can be absolved of default on his part. The minor punishment of censure entry in the facts and circumstances cannot be said to be arbitrary. 5. In view of the above, this writ petition lacks merits and is dismissed. Order Date :- 13.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad