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2026 DAILYLAW 10317 (ALL)

RAKESH KUMAR SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/15381/2026 · 2026-09-29

Dinesh Pathak

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15381 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the petitioner; learned Standing Counsel representing State-respondent no.1; Sri Shyam Mani Shukla, learned counsel for the respondents no.2, and Sri Abhishek Srivastava, learned Counsel for respondent No. 3. 2. The petitioner is aggrieved by the order dated 05.06.2026 passed by respondent No. 3, whereby the representation submitted on his behalf seeking his promotion from the post of Junior Clerk to the post of Senior Clerk, pursuant to the order dated 24.02.2026 passed by this Court in Writ-A No. 2690 of 2026 (Rakesh Kumar Singh Vs. State of U.P. and Another), has been disposed of with an observation that the matter relating to the petitioner's promotion shall be considered after completion of the inquiry initiated on the representation submitted by one of the employees, namely, Smt. Radha Rani Baghel. 3. Learned counsel for the petitioner submits that the case of the petitioner has no connnection with the case of Smt. Radha Rani Baghel, whose name finds place at lower rank that of the present petitioner in seniority/rank. It is further submitted that the petitioner's case for promotion is independent and may be considered by the competent authority in accordance with law. 4. Sri Abhishek Srivastava, learned Counsel appearing for respondent No. 3 has contended that the Municipal Commissioner, Nagar Nigam, Agra (respondent No. 2), has constituted a two-member committee to inquire into the discrepancy in the promotion of the employees pursuant to the complaint Versus Counsel for Petitioner(s) : Jigyasha Tripathi, Surendra Kumar Tripathi Counsel for Respondent(s) : Abhishek Srivastava, C.S.C., Shyam Mani Shukla Rakesh Kumar Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) moved by Smt. Radha Rani Baghel. He further submits that the inquiry is in progress and, until the final report is submitted by the inquiry committee, the case relating to the promotion of the petitioner cannot be decided. It is further submitted that, upon submission of the inquiry report, the case relating to the promotion of the petitioner shall be considered and decided by the competent authority in the light of the inquiry report submitted by the inquiry committee. 5. In view of the above, no useful purpose would be served by keeping the present petition pending. Accordingly, without expressing any opinion on the merits of the case, this Court deems it appropriate to finally dispose of the present petition with a direction that the inquiry committee, constituted by the Municipal Commissioner, Nagar Nigam, Agra, shall complete the inquiry and submit its report within a period of two months from the date of production of a certified copy of this order. Upon receipt of the said inquiry report, the concerned competent authority shall consider and decide the promotional case of the petitioner strictly in accordance with law, expeditiously, preferably within a period of two months after receipt of the said inquiry report. 6. With the aforesaid observations and directions, the instant writ petition stands disposed of. September 30, 2026 vkg WRIA No. 15381 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad