Abhay Chandra Maurya Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Panchayat Raj, U.P. Lucknow and 4 Others

Neutral Citation No. - 2024:AHC-LKO:39702

Court No. - 6

Case :- WRIT - A No. - 902 of 2024 Petitioner :- Abhay Chandra Maurya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Panchayat Raj, U.P. Lucknow And 4 Others Counsel for Petitioner :- Prafulla Tiwari,Naveen Shukla,Sarvesh Upadhyay Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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1. Heard.

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2. Under challenge is the order dated 11.12.2023, a copy of which is Annexure-1 to the petitioner, whereby the petitioner has been imposed two penalties namely removal from service as well as recovery.

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3. Contention of the learned counsel for the petitioner is that impugned punishment order is an amalgam of minor and major penalty which cannot be passed considering the law laid down by the Hon'ble Apex Court in the case of Union of India vs S.C. Parashar : (2006) 3 SCC 167 .

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4. Learned Standing Counsel does not dispute the aforesaid position of law as laid down by the Apex Court in the case of S.C. Parashar (supra) .

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5. Accordingly, considering the aforesaid as a short controversy is involved in the matter the present petition is allowed . Impugned order dated 11.12.2023 is set aside. The matter is remitted to the competent authority to pass a fresh order in accordance with law. Let such an order be passed within a period of 6 weeks from the date of receipt of certified copy of this order. The consequences of the order impugned being set aside would be dependent upon the order to be passed by the authority.

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6. It is made clear that the Court has not adjudicated any other ground as has been urged by the petitioner in the instant petition, which are left open for being considered in case any such situation arises.

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Order Date :- 24.5.2024

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Abhay Chandra Maurya v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Panchayat Raj, U.P. Lucknow and 4 Others

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Abhay Chandra Maurya v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Panchayat Raj, U.P. Lucknow and 4 Others

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