Gyanendra Kr. Gupta vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 22756 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55902
 

 
Court No. - 20
 

 
Case :- WRIT - A No. - 6197 of 2023
 

 
Petitioner :- Gyanendra Kr. Gupta
 
Respondent :- State Of U.P. Thru. Secy. Vocational Edu. And Skill Development Lko. And 3 Others
 
Counsel for Petitioner :- Shivam Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed challenging order dated 14th June,2023 whereby petitioner has been continued on deemed suspension in pursuance of his being incarcerated with regard to criminal proceedings.

3. It has been stated that impugned order has been passed ignroing the aspect that in fact the petitioner already stood acquitted from criminal charges levelled against him by means of judgment and order dated 19th December, 2022 passed in criminal case No. 15543 of 2017 arising out of case crime No. 933 of 2017 under Sections 420, 406, 504, 506, 467, 468 and 471 IPC, registered in police station Majhola, district Moradabad.

4. It has been submitted that impugned order has been passed against provisions of Rule 4 of U.P. Government Servants (Discipline and Appeal) Rules 1999 whereunder such a suspension can be resorted to only in case of pending criminal proceedings whereas petitioner already stood acquitted as indicated herein above. It is submitted that impugned order thus has been passed without application of mind.

5. Considering submissions advanced by learned counsel for petitioner and upon perusal of material on record, particularly the impugned order dated 14th June, 2023, it appears that the impugned order has been passed without adverting to the fact that petitioner already stood acquitted from criminal proceedings as indicated herein above and therefore the impugned order has been passed against provisions of Rule 4 of Rules, 1999.

6. In view of aforesaid, the impugned order dated 14th June, 2023 is quashed by issuance of writ in the nature of Certiorari granting liberty to concerned authority to pass fresh orders considering the petitioner's acquittal in aforesaid criminal case by means of judgment and order dated 19th December, 2022, which as per learned counsel for petitioner has attained finality since no appeal has been filed thereagainst.

7. Decision with regard to aforesaid grievance shall be taken by opposite party No.2 i.e. Director, Training and Employment, Uttar Pradesh, Guru Govind Singh Marg, Lucknow within a period of six weeks from the date a certified copy of this order is produced before the concerned authority.

8. Consequently the writ petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost.

Order Date :- 22.8.2023

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