SHASHI KANT TIWARI v. THE STATE OF U.P. AND 4 OTHERS
WRIA/12137/2025 · 2025-08-22
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87843 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87843 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:147046 Court No. - 4 Case :- WRIT - A No. - 12137 of 2025 Petitioner :- Shashi Kant Tiwari Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,Divya Jyoti,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Ambuj Maurya, learned counsel for the petitioner and learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution of India, petitioner has prayed for a writ of mandamus commanding the respondent competent authority to consider the claim of the petitioner for reinstatement as he was earlier suspended on account of being implicated in a criminal case and resultant detention in jail. It is argued that the petitioner has been enlarged on bail and there being no departmental proceeding initiated against the petitioner, he is entitled to be reinstated in the light of the judgment of Full Bench of this Court in the case of Chandra Shekhar Saxena v. Director of Education (Basic), U.P. & Others, 1996 SCC OnLine All 635, wherein, it has been held that "deemed suspension should be confined to the period of detention in custody only and it cannot be carried further after release from detention". Learned Standing Counsel submits that petitioner may be directed to make a representation before the competent authority namely the respondent no. 4 who may be directed to dispose of the same in accordance with law. In view of the above, this petition stands disposed of with a direction to the petitioner to make a representation ventilating his grievance before the competent authority within a period of four weeks from today along with the certified copy of this order, and if he does so, the competent authority shall consider and decide his representation within a further period of two months. Needless to add that the order to be passed by the competent authority, as
directed herein above, shall be reasoned and speaking one.
Order Date :- 23.8.2025/IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad