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2026 DAILYLAW 9782 (ALL)

FAZAL IMAM NAQVI v. STATE OF U.P. AND 3 OTHERS

WRIA/15342/2026 · 2026-09-23

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15342 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J. 1. This writ petition has been filed seeking following relief :- "Issue a writ, order or direction in the nature of certiorari quashing the charge sheet no.1 dated 13.3.2026 and the second/amended charge sheet no. 2 dated 7.7.2026 issued in Final Enquiry No. 10/2025 by the Inquiry Officer, being illegal, arbitrary and contrary to the mandatory provisions of the U.P. District Court Service Rules, 2013. Issue a writ, order or direction in the nature of mandamus directing to the respondents to consider and decide the petitioner's Preliminary Legal Objection dated 16.7.2026 by a reasoned and speaking order, strictly in accordance with law the applicable U.P. District Court Service Rules 2013. Issue a writ or direction in the nature of the mandamus directing to the Hon'ble District Judge Ballia to consider and decide the petitioner's application dated 24.8.2026, seeking replacement of the present Inquiry Officer on account of the petitioner's reasonable apprehension of bias and requesting appointment of another impartial Inquiry Officer. Issue an appropriate writ, order or direction directing the respondents not to pass any final order in the disciplinary proceedings arising out of Final Enquiry No. 10/2025 during the pendency of the present writ petition, particularly before consideration and decision of the petitioner's Preliminary Legal Objection dated 16.7.2026 and application dated Versus Counsel for Petitioner(s) : Anil Kumar Sharma Counsel for Respondent(s) : Ashish Mishra, C.S.C. Fazal Imam Naqvi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 24.8.2026, in the interest of justice." 2. Learned Standing Counsel has submitted that admittedly, the departmental proceedings are pending against the petitioner and petitioner has right to take every objection legally permissible to him. In case objections are taken by the petitioner, the same will be considered by the respondents authority. 3. Accordingly, the writ petition stands disposed of with liberty to the petitioner to file an objection, if any. In case the objection is filed by the petitioner within a week, the same shall be considered and decided by the respondent authority, in accordance with law, expeditiously, after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. September 24, 2026 Rishabh WRIA No. 15342 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad