Jitendra Nath Gupta vs State Of U.P. Thru. Prin. Secy. ...
2019 Latest Caselaw 6601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- SERVICE SINGLE No. - 20994 of 2019
 
Petitioner :- Jitendra Nath Gupta
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue & Ors.
 
Counsel for Petitioner :- Rakesh Chandra Tewari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard Sri Rakesh Chandra Tewari, learned counsel for the petitioner and the learned State counsel appearing on behalf of the opposite parties.

The petitioner has sought a direction to the opposite parties to permit the petitioner to work and discharge his duties on the post of Revenue Inspector and for payment of consequential service benefits for the post w.e.f. 31.08.2018.

The learned counsel for the petitioner submits that vide order dated 31.08.2018, the petitioner was promoted on the post of Revenue Inspector and in pursuance thereof he was relieved from his then current office and subsequently he joined as Revenue Inspector on 31.08.2018 itself. Despite the same, vide another letter dated 31.08.2018, the Additional District Magistrate, District Hardoi sought instructions from the Commissioner with regard to permission and joining of the petitioner on the post of Revenue Inspector since departmental proceedings had been initiated against the petitioner on 31.08.2018 i.e. prior to the date of order of promotion. However the learned counsel for the petitioner submits that the aforesaid departmental proceedings have already culminated in exoneration of the petitioner from the charges levelled against him by means of the order dated 06.09.2018 while issuing a warning to the petitioner which is not a penalty. He further submits that despite the aforesaid fact, the opposite parties are not permitting the petitioner to discharge his duties on the post of Revenue Inspector for which grievance the petitioner has already submitted a representation dated 06.11.2018 to the authority concerned. At present, the learned counsel for the petitioner restricts his prayer for a decision with regard to the same.

In view of the aforesaid circumstances that the petitioner stands promoted on the post of Revenue Inspector vide order dated 31.08.2018 which has not been varied, modified or recalled till date and also in view of the subsequent exoneration of the petitioner from the departmental enquiry proceedings vide order dated 06.09.2018, the petitioner is granted liberty to file a fresh representation before the opposite party no.2, i.e. the Commissioner & Secretary, Board of Revenue, U.P., Lucknow indicating the aforesaid facts. The said authority on receipt of the representation shall take a final decision by a reasoned and speaking order in view of the aforesaid facts within a period of four weeks from the date a copy of this order is produced before the said opposite party.

In view of the aforesaid observations, the writ petition stands disposed of.

Order Date :- 1.8.2019

Ashok Gupta