Quashed

Gulveeer Singh v. State of U.P. and 2 Others

Allahabad HC3 Jul 2018WRIA/12958/2018

Case brief

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What is this about?

The High Court quashed an order stopping the petitioner's salary pending an appeal on his caste certificate cancellation. Ruling that services were not suspended and no disciplinary proceedings were initiated, the Court held salary withholding unjustified while leaving open the right to initiate appropriate proceedings subsequently.

What did the court decide?

The order dated 22.5.2018 stopping the petitioner's salary is quashed, leaving respondents at liberty to initiate appropriate proceedings in accordance with law.

Gulveeer Singh Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 7 Case :- WRIT - A No. - 12958 of 2018 Petitioner :- Gulveeer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Nipun Singh, learned counsel for the petitioner, Sri R.P. Dubey, learned Additional Chief Standing Counsel for the respondent nos. 1 and 2 and Sri Vinayak Mithal, learned counsel for the respondent no.3.

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On 31.5.2018, this Court passed the following order:

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"Contention is that the petitioner's appointment since 2000 has not been interfered with and merely because petitioner's caste certificate has been cancelled, against which an appeal is pending, the authorities would not be justified in denying salary to petitioner. Argument is that the petitioner continues to work as such his salary cannot be denied.

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Learned counsel for the respondent may obtain instructions in the matter from the authority concerned by the next date fixed.

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Put up as fresh on 3.7.2018."

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Till the next date of listing, petitioner's salary shall not be withheld on the basis of the order impugned.

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Learned Additional Chief Standing Counsel states that the respondents have not sent any instructions sofar.

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Petitioner is working as clerk in the respondent no.3 institution. His caste certificate has been cancelled by the Tehsildar, Tehsil Baraut, District - Baghpat, vide order dated 24.2.2018, against which the petitioner has preferred an appeal before the Commissioner, Meerut, Division - Meerut, which is stated to be pending. By the impugned order dated 22.5.2018, the payment of salary of the petitioner has been stopped by the Regional Higher Educational Officer, Meerut. It is not disputed before me that the services of the petitioner have not been suspended. No disciplinary proceedings has been initiated against him sofar. It is admitted to the parties that the petitioner is still working in the institution in question as a Clerk and is discharging his duties.

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Under the circumstances, the action of the respondent no.2 to stop the salary of the petitioner by the impugned order dated 22.5.2018 is not justified. The impugned order dated 22.5.2018, is hereby quashed, leaving it open to the respondents to initiate appropriate proceedings in accordance with law against the petitioner.

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With the aforesaid observations, the writ petition is disposed of.

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Order Date :- 3.7.2018/vkg

Gulveeer Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Gulveeer Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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