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2025 DAILYLAW 65553 (ALL)

SHEESHPAL SINGH v. STATE OF U.P. AND ANOTHER

SPLA/543/2025 · 2025-05-29

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93654-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 543 of 2025 Appellant :- Sheeshpal Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Shivam Shukla,Vinod Kumar Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. The learned Single Judge has refused to interfere in the writ petition on the ground that a show cause notice has already been issued to the petitioner on 25.9.2024 and, therefore, the writ petitioner has the remedy of putting up his defence in response to such show cause notice. This order of the learned Single Judge is assailed on the ground that the petitioner was not made aware of the disciplinary proceedings initiated against him and in ignorance thereof he submitted request for voluntary retirement. Its acceptance has led to the denial of retiral benefits. An application is thus made to withdraw the voluntary retirement which is pending. 2. It is submitted that the application filed for recalling the order accepting the request of appellant for voluntary retirement has not been considered. This aspect has not been dealt with. 3. The appeal is opposed by the learned State Counsel. 4. Considering the order passed by the learned Single Judge, we are not inclined to interfere in the matter inasmuch as, the appellant is at liberty to put up his defence while submitting reply to the show cause notice. The appellant is also not precluded from pressing his application for recall of the order accepting his prayer for acceptance of voluntary retirement. If such an application is made, the same shall also be dealt with as per law. 5. Subject to the modification aforesaid, this special appeal is disposed of. Order Date :- 30.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad