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2026 DAILYLAW 13525 (ALL)

AVADH BIHARI GUPTA v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/16293/2026 · 2026-10-04

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 16293 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State. 2. The instant writ petition has been filed with the following prayers: "(i) Issue a writ, order, or direction in the nature of Certiorari, quashing the impugned Suspension Order No. 1407/Sixteen-2-2025-E-2072692 dated 04.08.2026 passed by respondent no.-2 and the consequential service letter dated 05.08.2026, issued by the respondent no.-3. (ii) Issue a writ, ordet or direction in the nature of Mandamus directing the respondents to immediately reinstate the petitioner to his original post as Lecturer (Textile Technology) at Government Polytechnic Hindalpur, Hapur, or any other sale institutional campus, with full back wages and allowances. (iii) Issue a writ, order, or direction commanding the state authorities to institute an independent, high-level administrative and financial inquiry into the hostel funds mismanagement and corruption charges pending against respondent no-3 (IV) Issue any other writ, order or direction, which this Hon'ble court may dim feet, just and expedient in the interest of justice, (V) awards the cost of the petition to the writ petitioner." 3. Learned counsel for the petitioner submits that against misbehaviour of the Principal, a complaint has been given before the concerned police station on 18.07.2026 and on information to the police, on 20.07.2026, both the parties (the petitioner as well as the principal) were made to appear before the concerned police station. He further submits Versus Counsel for Petitioner(s) : Brajesh Kumar Singh Counsel for Respondent(s) : C.S.C. Avadh Bihari Gupta .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) that annoyed by the aforesaid, the petitioner has been placed under suspension with the allegation that he had fought with the Principal of the Institution. The aforesaid order is based on mala fide intention of the Principal of the Institution against whom the petitioner had already made a complaint, therefore, the impugned suspension order is bad in the eyes of law and the same may be quashed. 4. Learned Standing Counsel for the State on the other hand submits that the allegations made against the petitioner are proved by the proceeding before the concerned police station, in which the petitioner has been found guilty. He also submits that misbehaviour with the Principal of the Institution by beating him, is a serious allegations, which amounts to misconduct. 5. In view of the above, no interference is required by this Court. 6. However, the departmental inquiry so initiated against the petitioner, be brought to its logical end, strictly in accordance with law, at the earliest possible preferably within a period of two months from the date of production of a certified copy of this order before the disciplinary authority. Needless to say that the petitioner shall co-operate in the aforesaid inquiry. 7. With the aforesaid direction, the writ petition is disposed of. October 5, 2026 K.N. WRIA No. 16293 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad