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2025 DAILYLAW 96338 (ALL)

KAMLESH KUMAR PRAJAPATI v. STATE OF U.P. AND 4 OTHERS

WRIA/13820/2025 · 2025-09-15

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13820 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard Sri Uday Pratap Singh, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the show cause notice issued to the petitioner on 31.07.2025 by disciplinary authority on certain charges in respect of which according to the petitioner he has stood exonerated in the previous enquiry. It is thus, claimed that fresh show cause notice is unjustified. Per contra it is argued by learned Standing Counsel that since petitioner has only issued with show cause notice, he shall have an ample opportunity to meet the allegations made and offer valid explanation which may be directed tobe considered in accordance with law. Having considered the enquiry report brought on record and subsequent show cause notice, I consider it more appropriate for the petitioner to first answer the show cause notice taking all such pleas that may be available to him including the validity in holding second enquiry on a subject matter which has already been inquired into by the disciplinary authority previously. Accordingly, this petition stands disposed of with direction that if the petitioner offers explanation to the show cause notice along with the certified copy of this order, as directed herein above, within four weeks from today, the concerned disciplinary authority shall pass appropriate reasoned and speaking order dealing all the issues raised by the petitioner. The Versus Counsel for Petitioner(s) : Kundan Rai, Uday Pratap Singh Counsel for Respondent(s) : C.S.C. Kamlesh Kumar Prajapati .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) appropriate decision shall be taken by the disciplinary authority within two months of receipt of explanation of the petitioner. September 16, 2025 IrfanUddin WRIA No. 13820 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad