HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12471 of 2026 Court No. - 21 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. On moving the writ petition, Mr. Dharmendra Kumar, learned advocate appearing for petitioner had submitted, the disciplinary proceeding on enquiry report, punishment, appellate and revisional orders were all challenged by him in the Tribunal. The Tribunal rejected the claim petition on judgment and order dated 2nd April, 2026. The Tribunal acted illegally and with material irregularity. He seeks interference. 2. Paragraph 12 from the petition is reproduced below. "12. That in suspension order dated 15.02.2019 the allegations leveled against the petitioner are that in the year 2018 while the petitioner was posted as Circle Officer, Kotwali, District Gorakhpur, a first information report in case crime no.158 of 2018 under section 307/302 1.P.C. and 7 Criminal Law Amendment Act has been registered against one Satish alia Naga, Nishat son of Dwarika, Jhunjhun alias Ajit Yadav, resident of Madhopura, Tiwaripur, District Gorakhpur in which during preliminary inquiry it is found that while checking the call Details Report of suspicious persons, petitioner found talking through his mobile number with Smt. Arti Gupta on her mobile number and due to which confidential information and process has been leaked out and therefore petitioner found guilty of breach of confidential." Mrs. Archana Tyagi, learned advocate, Additional Chief Standing Counsel appears for State. Department has made English translation of impugned judgment and order. We appreciate the work done. 3. Mr. Kumar submits, the incident of crime was on 13th August, 2018. His Versus Counsel for Petitioner(s) : Dharmendra Kumar, Shailendra Kumar Counsel for Respondent(s) : C.S.C. Vinod Kumar Dwivedi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) client was leading the investigation, holding post of Circle Officer. Within a few days, on 28th August, 2018 under leadership of his client, the accused was arrested. In the circumstances, the punishment of censure and withholding of three annual increments coupled with subsequent order of denying payment of salary in the period of suspension between 15th February, 2019 and 2nd June, 2020 were and are all bad. The Tribunal committed illegality in rejecting/dismissing his client's claim petition. There be interference. 4. Mrs. Tyagi submits, petitioner was given every opportunity to defend himself in the enquiry. Finding of guilt was returned on evidence of call records. Petitioner had indulged in personal calls with the lady. There was breach of confidentiality in on going investigation. It was a serious matter. Further opportunity was given and the punishment order duly made. Still further opportunity was given for decision on withholding suspension period pay as provided under rule 54(B) in the Financial Hand Book. There should not be interference and the writ petition, dismissed. 5. Paragraph 18 from the petition is reproduced below. "18. That ultimately on 28.08.2018 to the best efforts of the petitioner the main accused was arrested and thereafter the work of the petitioner being over, the petitioner did not and did not have any conversation with Smt. Arti Gupta and the petitioner's work investigation like arrest was over." State has filed counter. Paragraph 10 from it is reproduced below. "10. That, the contents of Paragraph Nos.15 to 21 of the writ petition are not admitted, hence denied. In reply, it is submitted that during the departmental proceeding, the prosecution witnesses proved that the petitioner talked with the accused and leaked the confidential information with them." 6. Petitioner's express defence against the charge was, he contacted the lady to obtain information for purpose of arresting the accused. We see from aforesaid, the arrest followed soon after the crime. Petitioner's specific statement that there was no further conversation, has not been denied. We need look no further. 7. Impugned judgment and order dated 2nd April, 2026 alongwith punishment order dated 2nd June, 2020 and the withholding of suspension period pay order dated 24th February, 2021 are all set aside and quashed. WRIA No. 12471 of 2026 2 Petitioner is entitled to be given the consequent relief. He will communicate certified copy of this order to respondent no.1 for compliance and giving effect within four weeks therefrom. 8. The writ petition is disposed of. September 28, 2026 VS WRIA No. 12471 of 2026 3 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- VIDYA SAGAR BARATAM High Court of Judicature at Allahabad