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2025 DAILYLAW 8744 (ALL)

VINAY KUMAR v. STATE OF UP AND 4 OTHERS

WRIC/1804/2025 · 2025-02-16

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22488-DB Court No. - 29 Case :- WRIT - C No. - 1804 of 2025 Petitioner :- Vinay Kumar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Astha Misra,Avneesh Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. It transpires that a report has been submitted by the Internal Complaints Committee constituted by fourth respondent which is a private insurance company. In this report observations have been made against the petitioner and relying upon it the services of the petitioner has been terminated on 14.10.2024. It is admitted that the fourth respondent is an industry and the remedy in respect of the termination order would be available to the petitioner before the second respondent. Learned counsel for the petitioner submits that since the second respondent is on leave, as such this petition be entertained. It is also submitted that the report of the internal complaints committee dated 27.9.2024 can also be challenged before the second respondent and in the absence of the officer concerned, the matter cannot proceed. Learned Standing counsel submits that the present writ petition would not be maintainable, inasmuch as the termination order passed against the petitioner is by the fourth respondent which is not shown to be a State under the meaning of Article 12 of the Constitution of India. Once that be so, the remedy of the petitioner would be before the second respondent. Not only the order of termination but the basis on which such order has been passed would be open for challenge before the second respondent. It goes without saying that petitioner's challenge to such proceedings would be entertained by the second respondent, who shall proceed further, in accordance with law. With the above observation/direction, the writ petition stands disposed of. Order Date :- 17.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad