Disposed

Nikhil Shukla v. State of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Deptt. of Revenue and 2 Others

Service – Disciplinary Inquiry

Allahabad HC30 May 2024WRIA/4343/2024

Download

Case brief

AI extract

What is this about?

Petitioner challenged an order recording guilt based on a viral video/CD not produced in inquiry. Court found prima facie illegality due to lack of authentication. Granted interim relief to allow consideration for DPC post of SDM, with result in sealed cover.

What did the court decide?

Candidature to be considered in forthcoming DPC for post of Sub Divisional Magistrate with result kept in sealed cover.

Nikhil Shukla vs State of U.P. Thru. Its Addl… — Service and Employment | Allahabad HC (2024)

¶1

Court No. - 6

¶2

Case :- WRIT - A No. - 4343 of 2024

¶3

Petitioner :- Nikhil Shukla

¶4

Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Deptt. Of Revenue And 2 Others Counsel for Petitioner :- Alok Kumar Pandey,Vinod Kumar Shukla Counsel for Respondent :- C.S.C.

¶5

Hon'ble Alok Mathur,J.

¶6

Sri Satish Chandra Mishra, learned Senior Advocate assisted by Sri Alok Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel on behalf of the respondents.

¶7

It has been submitted by counsel for the petitioner that the entire basis for sustaining the allegations against him is on the basis of a compact disc (CD) on which the alleged verbal abused made by the petitioner against superior was recorded. The main ground urged by the counsel for the petitioner is that the said Compact Disc (CD) was never produced during the inquiry proceedings nor was it given to the petitioner at any stage of the proceedings and consequently, relying of the prosecution version for abusing the Senior. In paragraph 67 of the writ petition, it has been stated that the electronic device which has been used in recording the alleged video clip was not produced in evidence nor any certification and authentication has been produced to verify the contents of the alleged video clip, which paragraph has been replied in the counter affidavit content paragraph no.29 where this aspect of the matter has not been denied, and accordingly, it was submitted that the impugned order is illegal and arbitrary.

¶8

Prima facie it seems that the finding of guilt against the petitioner has been recorded solely on the basis of the allegations made on the viral video which was never

¶9

authenticated. It has been submitted by the petitioner that the DPC is going to be conducted shortly for the post of Sub Divisional Magisrate and accordingly, there is urgency in the matter.

¶10

Accordingly, considering the above submissions, as an interim measure, it is provided that the candidature of the petitioner shall be also considered in the forthcoming DPC and the result of the said DPC with regard to the petitioner shall be kept in sealed cover.

¶11

List this case on 23.01.2025 for hearing.

¶12

[Alok Mathur,J.]

¶13

Order Date :- 16.12.2024 KR

¶14

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nikhil Shukla v. State of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Deptt. of Revenue and 2 Others

Case brief

What is this about?

What did the court decide?

Nikhil Shukla v. State of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Deptt. of Revenue and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rajnikant Pandey Alias Arpan and 2 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Asif Alias Vicky Alias Aasim Ali Vs State of U.P. Thru. Secy. Home Lko.

Mohd. Zahid Vs State of U.P. Thru. Secy. Home Lko. and Another

Shashi Pandey Alias Shashi Dwivedi and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Smt. Guddi Devi @ Gaytri Tripathi and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Mahanth Raghuvar Sharan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another