Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93250-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 544 of 2025 Appellant :- Lalit Kumar Singh And 14 Others Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Issue before the learned Single Judge was with regard to denial of salary to the appellants. One of the grounds taken to deny the salary was the fact that institution itself is in dilapidated condition and is not functional. On the previous occasion, before the learned Single Judge, an Advocate Commissioner was appointed to inspect the institution. The Advocate Commissioner has submitted a report contradicting the claim of the writ petitioners and relying thereupon, the writ petition has been dismissed. 2. Sri G.K. Singh, learned Senior Counsel for the appellant argues that the report of the Advocate Commissioner was not furnished to the appellant and the appellants' right to file objection to it has also been denied. It is also submitted that the appellants do not know as to whether it was the same institution or it was a different one. 3. Learned State Counsel points out that under the previous orders of the Court, a direction was issued to the authorities concerned to render necessary assistance to the advocate commissioner and that the institution itself was got identified. 4. Be that as it may, once the report of the Advocate Commissioner was submitted before the Court, the least that was expected was that its copy would be provided to the writ petitioners so that they may file their objection to it. The manner in which the writ petition has been dismissed relying upon the report of the Advocate Commissioner, without furnishing its copy to the petitioners, the decision itself cannot be approved. 5. In that view of the matter, this appeal succeeds and is allowed. The judgment and order passed by the learned Single Judge on 14.5.2025 in Writ A No.2216 of 2025 is set aside. The matter is remitted to the learned Single Judge with the direction that a copy of the report of advocate commissioner will be furnished to the
appellants/writ petitioners and the appellants will have the right to submit reply to such report within a period of three weeks.
The matter shall thereafter be listed before the learned Single Judge for fresh consideration of the cause. Order Date :- 30.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad