SACHENDRA KUMAR SINGH v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIA/13434/2025 · 2025-09-09
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93772 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13434 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
1. Heard Sri Pramod Kumar Sinha, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following substantial relief:
"i. issue a writ order or direction in the nature of mandamus commanding the respondent No.1/ the Chairman of Department Promotional Committee, the Principal Secretary, Revenue, Government of Uttar Pradesh Lucknow to consider the candidature of the petitioner for promotion to the next higher post of Deputy Director of Consolidation in the forthcoming Department Promotional Committee, which scheduled to be meet at any time in the month of September, 2025 for the selection year 2024-25."
3. Learned counsel for the petitioner has raised submission that since the entire disciplinary proceedings has been drawn against the petitioner in respect of the charge relating to discharge of judicial review which has been held to be untenable in the light of the judgment of Supreme Court in the case of Amresh Shrivastava v. State of Madhya Pradesh & others 2025 SCC Online SC 693.
4. It is argued that the said order of punishment imposed by the disciplinary authority is already subject matter of challenge before the State Public Services Tribunal and claim petition being Claim Petition No. 982 of 2024 (Sachendra Kumar Singh v. State of U.P. and another) is not likely to be decided soon and since now the departmental promotion Versus Counsel for Petitioner(s) : Pramod Kumar Sinha Counsel for Respondent(s) : C.S.C. Sachendra Kumar Singh .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s)
committee is duly held, it would in the interest of justice that the candidature of the petitioner may be considered and be placed in a sealed cover to be opened after the disposal of the claim petition by the State Public Services Tribunal.
5. Learned Standing Counsel submits that in view of the Government
order dated 28th May, 1997, petitioner's claim for promotion can be
directed to be considered to be placed in a sealed cover in the face of the fact that he has faced action under the disciplinary proceedings, which is subject matter of challenge before the State Public Services Tribunal.
6. In view of the above, this petition stands disposed of with a direction to the respondent concerned to consider the claim of promotion of the petitioner to the next higher post along with other eligible candidates and further consider it to be placed in a sealed cover so that his seniority in promotional cadre does not get adversely affected, until disposal of the claim petition by the State Public Services Tribunal at Lucknow. September 10, 2025 Atmesh WRIA No. 13434 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad