HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 364 of 2026 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Suresh Chandra Dwivedi, learned counsel for the applicant seeking leave to appeal and Sri Anil Bhushan, learned Senior Advocate assisted by Sri Rajeev Ratan Shukla, learned counsel for the original petitioner. 2. Undeniably, the present applicant seeking leave to appeal is the complainant on whose complaint disciplinary proceeding has been initiated against the original petitioner. He is not a co-employee with the original petitioner. 3. At present, the learned single judge has vide order dated 22.04.2026 passed in Dinesh Chandra Pathak Vs. State of Uttar Pradesh & 2 Ors.; 2026:AHC:89418 only provided that the suspension order may remain in abeyance during pendency of the enquiry proceedings. Specifically, the disciplinary enquiry has not been interfered with, on merits. 4. Seen in that light, the applicant in his capacity as a complainant may not claim a higher/better status. At most, he may be called to lead Versus Counsel for Appellant(s) : Pawan Kumar Dubey, Suresh Chandra Dwivedi, Vinay Kumar Counsel for Respondent(s) : C.S.C., Rajeev Ratan Shukla Vinod Kumar Mishra .....Appellant(s) Dinesh Chandra Pathak And 3 Others .....Respondent(s) evidence, subject to the discretion of the presenting officer at the pending departmental enquiry. 5. For the above reasons, no cause of action exists with the applicant to seek leave to appeal. Accordingly, leave to appeal is declined. Civil Misc. (Leave to Appeal) Application No. 01 of 2026 is rejected. 6. Consequently, the proposed appeal is consigned to record. May 6, 2026 Abhilash SPLAD No. 364 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad