Disposed

Dinesh Kumar Verma v. State of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. and 2 Others

Allahabad HC29 Nov 2024WRIA/9125/2024

Case brief

AI extract

What is this about?

Petitioner challenged suspension order issued for non-compliance with an attendance app directive previously quashed by this Court. Court stayed suspension effect until next hearing and granted time for affidavits.

What did the court decide?

Stay on operation and effect of suspension order dated 16.01.2024 till next date of listing.

Dinesh Kumar Verma vs State of U.P. Thru. Addl… — Service and Employment | Allahabad HC (2024)

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Court No. - 6

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Case :- WRIT - A No. - 9125 of 2024

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Petitioner :- Dinesh Kumar Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. And 2 Others Counsel for Petitioner :- Avinash Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard Sri Avinash Tiwari, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

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By means of present writ petition the petitioner has assailed order dated 16.01.2024, passed by respondent no. 1 whereby petitioner has been placed under suspension for not complying with the directions of the State Government pertaining to down loading of "AYUSH Attendance App" on his mobile phone, despite directions of the State Government and for defiance of aforesaid orders, petitioner has been placed under suspension.

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It has been submitted by learned counsel for the petitioner that the petitioner is working on the post of Medical Officer, Ayurvedic and is presently posted at Civil Secretariat, Lucknow. It is further submitted that by means of order dated 22.05.2023, passed by the Director, Ayurvedic Services, U.P. Lucknow, all the Medical Officers were directed to down load the "AYUSH Attendance App" on their mobile phones from which their location could be traced for the purposes of their attendance in the office.

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It is next submitted by learned counsel for the petitioner that the petitioner did not comply with the order as he was of the view that the said order was illegal and arbitrary and not passed by the competent authority.

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In the aforesaid circumstances, petitioner has challenged the order dated 22.05.2023 as well as consequential order dated 03.08.2023 by filing Writ A No. 6119 of 2023. This Court by means of order dated 06.11.2023, had quashed the orders dated 22.05.2023 and 03.08.2023 directing the competent authority to pass fresh orders pertaining to the petitioners therein.

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Grievance raised by the petitioner in the aforesaid writ petition was with regard to release of salary on account of the fact that Medical Officers who had not down loaded the said App defying the order of State Government, were not being

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paid salary.

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The respondents, instead of passing appropriate orders, have passed the impugned order suspending the petitioner. Considering the fact that order dated 22.05.2023, no longer exists and is held to be illegal and stood quashed by this Court, same cannot be the basis of placing the petitioner under suspension. The respondents instead of passing appropriate orders for releasing salary of the petitioner, they have passed the impugned order placing the petitioner under suspension for not down loading the App which order according to the petitioner has been quashed.

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Matter requires consideration.

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Learned Standing Counsel prays for and is granted three weeks time to file counter affidavit. Two weeks thereafter is granted to the petitioner to file rejoinder affidavit.

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List this case on 29.11.2024.

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Till the next date of listing operation and effect of impugned order dated 16.01.2024, shall remain stayed.

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Order Date :- 16.10.2024

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A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Dinesh Kumar Verma v. State of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. and 2 Others

Case brief

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Dinesh Kumar Verma v. State of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. and 2 Others

Case brief

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What did the court decide?

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