Allowed

Prabhakar Tripathi v. State of U.P. and 6 Others

Allahabad HC5 Feb 2021WRIA/462/2021

Case brief

AI extract

What is this about?

Held that impugned orders regarding the petitioner's seniority rights violated principles of natural justice as they were passed without providing an opportunity of hearing or relying on unshared material. Ordered set aside and remanded for reasoned decision.

What did the court decide?

Impugned orders set aside. Writ of mandamus issued directing respondent to provide adverse material, grant hearing, decide by reasoned order, and complete exercise within four weeks.

Prabhakar Tripathi Vs State of U.P. and 6… — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 6 Case :- WRIT - A No. - 462 of 2021 Petitioner :- Prabhakar Tripathi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Sri Kushmondeya Shahi, learned counsel for the petitioner contends that the impugned orders have been passed in violation of principles of natural justice. Rights of seniority of the petitioner have been materially affected by the impugned order.

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Learned Standing Counsel, on the basis of instructions could not dispute the aforesaid facts. The impugned orders dated 09.12.2020 and 10.12.2020 have been passed in violation of the principles of natural justice.

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Heard learned counsel for the parties and perused the record.

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The hearing was concluded by the authority on 24.11.2020. However, a report was called for on 25.11.2020. Reliance was placed upon the report dated 25.11.2020 to non suit the petitioner.

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In light of the preceding discussion, this Court finds that the impugned orders dated 09.12.2020 and 10.12.2020 have been passed in violation of the principles of natural justice. The impugned orders are arbitrary and illegal. The impugned order dates dated 09.12.2020 and 10.12.2020 are liable to be set aside and are set aside.

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Without going into the merits of the case, the matter is remitted to the respondent no. 2-Director of

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Education(Secondary), 18-Park Road, U.P. Lucknow.

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A writ in the nature of mandamus is issued commanding the respondent no. 2-Director of Education(Secondary), 18Park Road, U.P. Lucknow, to execute the following directions:

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I. The respondent no. 2-Director of Education(Secondary), 18-Park Road, U.P. Lucknow, shall provide copies of all the adverse material which are proposed to be relied upon against the petitioner including the report dated 25.11.2020.

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II. The respondent no. 2-Director of Education(Secondary), 18-Park Road, U.P. Lucknow shall give an opportunity of hearing to the petitioner before passing any final order.

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III. The respondent no. 2-Director of

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Education(Secondary), 18-Park Road, U.P. Lucknow, shall decide the controversy by a reasoned and a speaking order in accordance with law.

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IV. The exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The writ petition is allowed to the extent indicated above.

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Order Date :- 5.2.2021 Dhananjai

Prabhakar Tripathi v. State of U.P. and 6 Others

Case brief

What is this about?

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Prabhakar Tripathi v. State of U.P. and 6 Others

Case brief

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What the court decided

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