Neutral Citation No. - 2025:AHC:116385 Court No. - 5 Case :- WRIT - A No. - 9821 of 2025 Petitioner :- Ashok Kumar Chaubey Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Satya Prakash Mishra Counsel for Respondent :- C.S.C.,Mritunjay Mohan Sahai Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Satya Prakash Mishra, learned counsel for petitioner and Sri Mritunjay Mohan Sahai, learned counsel for respondent Nos.2 to 8. The petitioner is working as a senior clerk with respondent- Uttar Pradesh State Road Transport Corporation, Azamgarh. He has suffered with a disciplinary proceedings, wherein 6 charges were framed and finally by an order dated 24.03.2023 passed by Disciplinary Authority, he was awarded punishment of stoppage of 2 yearly increment with cumulative effect. The aforesaid order was thereafter challenged before the Appellate Authority and after a period of about two years, the appeal was dismissed by order dated 05.03.2025. Learned counsel for petitioner submits that during interregnum period, by an order dated 12.03.2025, petitioner was promoted on post of Station In-charge, however, by a subsequent order dated 23.05.2025. The said promotion order was cancelled on ground that punishment awarded on 24.03.2023 was still in force. The petitioner has challenged all above orders in this writ petition. Learned counsel for petitioner submits that even on basis of proved charges, punishment is disproportionate, considering that he has accepted his guilt of making a statement to his higher officer that he will not obey the direction and he would come a day after to collect his suspension order. Learned counsel for petitioner submits that an explanation was submitted by petitioner that on fateful day he had undertaken a duty of 14 hours and was suffering with high blood pressure and due to that said statement was made without any intention to hurt. Subsequently, he made an immediate apology also. Learned counsel for petitioner further submits that petitioner has mentioned all above referred facts in memo of appeal, however, it were not considered and a factor that petitioner has unblemished service career of about 33 years was also not taken on record and impugned orders are adverse since his promotion is affected. Learned counsel for respondents submits that on basis of admission of guilty and on basis of proof charge, the punishment is not disproportionate. There is no argument that principles of natural justice were violated and since admittedly of punishment order was in force, therefore, petitioner was wrongly granted promotion since it was based on 'seniority and suitability' and later on error was cured by revoking promotion order. Heard counsel for parties and perused the record. The Court takes note that petitioner has already in service for more than three decades and there is no earlier allegation of misconduct against him. Petitioner has accepted that he has used wrong words. No other charges were effectively proved and above referred charge of disobedience was proof only on basis of statement given by petitioner as well as that immediately thereafter an apology was extended by the petitioner. In the aforesaid circumstances, the Court is of view that since petitioner has already suffered the effect of his punishment for two years, therefore, considering the entire facts and circumstances of present case, exercising the jurisdiction granted under Article 226 of Constitution of India, punishment order is interfered that effect of punishment order will not perpetuate in future, its legal consequence will follow including the petitioner be considered for promotion as and when a next DPC is held in accordance with law. Accordingly, writ petition is disposed of with aforesaid observation. Order Date :- 18.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad