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2025 DAILYLAW 99218 (ALL)

DEVENDRA NATH PANDEY v. State of UP AND 3 OTHERS

WRIA/15726/2024 · 2025-03-03

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30221 Court No. - 6 Case :- WRIT - A No. - 15726 of 2024 Petitioner :- Devendra Nath Pandey Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Case was heard on 24.2.2025, Court has passed the following order:- "1. Heard learned counsel for the petitioner and learned standing counsel for State-respondents. 2. Learned counsel for the petitioner is permitted to implead "Additional Chief Secretary/ Principal Secretary Home, U.P, Lucknow" as respondent no. 5 during the course of the day. 3. Learned counsel for the petitioner submitted that petitioner was placed under suspension vide order dated 23.05.2020 based upon FIR lodged against him on 22.05.2020. A show cause notice has also been issued to initiate departmental proceeding against him and thereafter, suspension order has been revoked vide order dated 26.11.2020. Later on, another show cause notice dated 8.4.2021 has been issued to initiate departmental proceeding against him as to why he may not be dismissed from service. Thereafter, he has been dismissed from service vide order dated 18.06.2021. Petitioner has challenged the show cause notice dated 8.4.2021 before this Court by filing Writ A No. 6155 of 2021 in which Court has stayed the show cause notice in terms of 492 of U.P. Police Regulation. Thereafter, petitioner was reinstated in service vide order dated 23.06.2021. Now, Special Sessions Trial No. 3 of 2021 (State Vs. Devendra Nath Pandey) has been completed and petitioner was acquitted vide order dated 12.09.2023. He next submitted that even though, petitioner has not been paid the salary of suspension period i.e. from 23.05.2020 to 26.11.02020. 4. Under such facts of the case, learned standing counsel is directed to seek written instruction from Additional Chief Secretary/ Principal Secretary Home, U.P, Lucknow-respondent no. 5 along with reasons for non payment of salary of suspension period i.e. from 23.05.2020 to 26.11.02020 within one week. 5. Put up this case as fresh on 4.3.2025 amongst top ten cases along with connected matter. 6. Learned standing counsel is directed to inform in writing about the order passed today to respondent no. 5 within 24 hours." 3. Pursuant to the order of this Court dated 24.2.2025, learned Standing Counsel has produced the order dated 4.3.2025 by which direction was issued to pay salary of suspension period i.e., 23.5.2020 to 26.11.2020 to the petitioner, therefore, under such facts and circumstances of the case, no further order is required to be passed. The order dated 4.3.2025 is taken on record. 4. Accordingly, the writ petition is dismissed as infructuous. Order Date :- 4.3.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad