Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90476 Court No. - 4 Case :- WRIT - A No. - 7489 of 2025 Petitioner :- Gagan Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Shekher Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Chandra Shekher Singh, learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of this petition filed under Article 226 of Constitution of India, petitioner is aggrieved by the order dated 14.05.2025 which is in the nature of attachment order from district Mau to Headquarters at Lalitpur.
3. It is contended by learned counsel for the petitioner that the
order is punitive in nature as the recitals contained in the order do point to some enquiry already underway against the present petitioner on the alleged charge of having developed some nexus in the department and getting involved thereby in some illegal and irregular activities. According to Mr. Singh, this calls for an enquiry to hold petitioner guilty and this itself cannot be a ground to pass orders of attachment and if necessary, petitioner deserved atleast a notice prior to passing of the order of attachment. It is contended that certain people have approached this Court by filing a Public Interest Litigation being no.474 of 2025 against the continued posting of the present petitioner at Mau and in that petition, petitioner was also impleaded as respondent no.5, however, Division Bench of this Court dismissed the petition on the ground that this is not entertainable in such service matters. 4. Learned Standing Counsel on the contrary submits that since the petitioner has only been attached, he may not not have any grievance and still further when he has now been relieved. 5. Sri Singh, learned Senior Advocate submits further in reply that petitioner has already approached the Commissioner, Food and Civil Supplies Department, Lucknow by making representation on
16.05.2025 which has not been decided till date. He submits that his representation may be directed to be considered and disposed of by the competent authority and until then no coercive measures should be taken against petitioner. 6. Having heard learned counsel for the respective parties and having perused the records, I find that the order impugned dated 14.05.2025 does state that certain enquiry has been initiated in the matter of posting of petitioner for the alleged charge that he has developed some nexus in the department which has further resulted in some illegal activities which should not be appropriate in the interest of administration and hence, in my considered view if these were the reasons to give a new posting to the petitioner by way of attachment, he should have been served with atleast a notice for the alleged action otherwise the petitioner ought to have been permitted to face enquiry, if any retiring him there only. 7.
7. In the circumstances therefore, I consider it appropriate that while the petitioner has already made a representation before the Commissioner, Food and Civil Supplies Department, Lucknow by registered post on 26.05.2025 it may be considered and disposed of in accordance with law and until such disposal no coercive measures should be taken against the petitioner. 8. In view of the above, this petition stands disposed of with a direction to the respondent no.2 to look into and consider the grievance of the petitioner raised in his representation dated 16.05.2025 and dispose of the same by means of reasoned and speaking order within a period of six weeks of production of certified copy of this order and until such disposal or for a period of two months from today whichever is earlier no coercive measures shall be taken against the petitioner pursuant to the
order dated 14.05.2025 and the consequential relieving order.
Order Date :- 27.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad