HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 6389 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Ms. Shreya Gupta, learned counsel for petitioner and Sri M.C. Chaturvedi, learned Additional Advocate General/Senior Advocate assisted by Sri P.K. Shahi, learned Additional C.S.C. and Sri R.P. Pandey and S.K. Dubey, learned counsel for respondents 2. Initially, this writ petition was filed to challenge the transfer/adjustment order dated 09.04.2025 passed by District Magistrate, Hathras. 3. Now it is brought on record that in pursuance of an order dated 12.05.2025, which is quoted below, said impugned order dated 09.04.2025 has been withdrawn by a subsequent order dated 10.06.2025, therefore, aforesaid prayer has been satisfied :- "Ms. Shreya Gupta, learned counsel for the petitioner submits that the impugned order of attachment and the enquiry proceedings against the petitioner have been initiated by the District Magistrate, Hathras. The petitioner is an employee of the Nagar Palika Parishad, Hathras. The District Magistrate, Hathras is not the disciplinary authority of the petitioner. The impugned orders are beyond jurisdiction. Matter needs consideration. Shri Sanjay Kumar Dubey, learned counsel for the Versus Counsel for Petitioner(s) : Ishan Khare, Shreya Gupta Counsel for Respondent(s) : Akanksha Mishra, C.S.C., Ravi Prakash Pandey, Sanjay Kumar Dubey, Shiv Kumar Singh Harshvardhan .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) respondent nos. 4 and 6 and learned Standing Counsel for the State pray for and are granted four weeks time to file counter affidavit. List thereafter. Till further orders of the Court, the effect and operation of the impugned order dated 9.04.2025 passed by the respondent no. 5 and the disciplinary proceedings shall remain stayed. However, it shall be open to the competent authority, namely, Nagar Palika Parishad, Hathras to initiate disciplinary proceedings against the petitioner as per law." 4. Second prayer in this writ petition was to quash the inquiry proceedings initiated by the Additional District Magistrate by a communication dated 12.03.2025. 5. As referred above, this Court vide interim order has stayed disciplinary proceedings also, however, a 3 Members' Committee proceeded further and submitted an inquiry report dated 21.05.2025, probably on a ground that it was not a disciplinary proceedings which is now being prayed to be quashed by way of amendment application, though it is not on record. 6. It is also brought on record that subsequently, probably on the basis of report of said 3 Members' Committee, not only an FIR was lodged on 31.05.2025 but a disciplinary proceedings was also initiated by issuing a charge sheet dated 26.08.2025 as permitted by the interim order dated 12.05.2025. 7. Petitioner has challenged the FIR by way of filing a Criminal Misc. Writ Petition No. 12782/2025 wherein an interim direction was passed on 25.07.2025 by the Division Bench of this Court that petitioner shall not be arrested till next of listing. It is informed that said writ petition is still pending and interim order was extended by an order dated 31.07.2025. 8. I have heard and considered submissions of learned counsel for rival WRIA No. 6389 of 2025 2 parties and perused the records. 9. As referred above, first prayer i.e. challenge to order dated 09.04.2025 has been satisfied since said order has been withdrawn by a subsequent order dated 10.06.2025 as well as that since a 3 Members' Committee has completed its inquiry and submitted a report and FIR was already lodged as well as a disciplinary inquiry was initiated by issuing charge sheet to petitioner, therefore, at this stage, Court cannot enter into other merit of this case i.e. whether inquiry report was legal or not as well as whether it could be the sole basis to issue departmental charge-sheet since petitioner has liberty either to challenge it by way of substantive writ petition or to make objections before inquiry officer if advised, which will be considered in accordance with law. 10. Otherwise also, petitioner has challenged the lodging of FIR on same grounds also which is still pending before Division Bench of this Court. 11. In view of above, this writ petition is disposed of with above observations and liberty. Interim order is accordingly vacated. September 15, 2025 N. Sinha WRIA No. 6389 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad