Vinay Ghosh Vs State of U.P. Thru. Prin./Addl.Chief Secy.P.W.D. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Vinay Ghosh Vs State of U.P. Thru. Prin./Addl.Chief Secy.P.W.D. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of without interfering with the writ court's order; liberty effectively left to the appellant to seek interim relief (stay of suspension) before the writ court, with a request that such application be considered and decided early; stay application listed in the week commencing 07.07.2025 as fresh.

Issue for consideration

Whether the allegations made in the order of suspension constitute a misconduct — the ground on which the writ petitioner assailed the suspension order and the disciplinary proceedings. +1 more

Ratio / Principle

Whether the allegations in the suspension order constitute a misconduct is a question to be appreciated and heard finally after giving the State-respondent the opportunity to file its counter affidavit; to that extent the Division Bench finds no error in the writ court's order.

Key takeaways

On the application for interim relief seeking stay of the order of suspension, the appellant is left free to make an application before the writ court, which is requested to consider and decide it at an early date.ratio¶¶14
For disposal of the stay application the matter is listed in the week commencing 07.07.2025, as fresh, and the special appeal is accordingly disposed of.ratio¶¶16

Detailed headnote1 paragraphs

Intra-court special appeal under Chapter VIII Rule V of the Allahabad High Court Rules, 1952 (Lucknow Bench) against a writ-court order granting the State four weeks to file its counter affidavit in a writ petition challenging the appellant's suspension and the ensuing disciplinary proceedings: HELD, the question whether the allegations in the suspension order constitute a misconduct is to be heard finally after the State files its counter affidavit, and to that extent no error is found in the writ court's order; on interim relief seeking stay of the suspension, the appellant may apply to the writ court, which is requested to decide such application at an early date; stay application listed in the week commencing 07.07.2025 as fresh; special appeal disposed of. Order dated 29.5.2025 by Attau Rahman Masoodi and Ajai Kumar Srivastava-I, JJ.

Neutral Citation No. - 2025:AHC-LKO:32881-DB

Court No. - 1

Case :- SPECIAL APPEAL No. - 184 of 2025 Appellant :- Vinay Ghosh Respondent :- State Of U.P. Thru. Prin./Addl.Chief Secy.P.W.D. Lko. And 2 Others Counsel for Appellant :- Amrendra Nath Tripathi Counsel for Respondent :- C.S.C.

Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the parties.

This intra-court appeal filed under Chapter VIII Rule V of the Allahabad High Court Rules, 1952 is directed against an order passed by the writ court which reads as under:-

Heard learned counsel for the petitioner and learned Standing counsel for the respondents.

Four weeks' time is allowed to learned Standing Counsel to file Counter Affidavit.

Rejoinder Affidavit, if any, shall be filed within two weeks' thereafter.

List on 1.8.2025.

From the relief sought in the writ petition, it is evident that the petitioner has assailed the order of suspension as well as the disciplinary proceedings initiated against him on the ground that the allegations made in the order of suspension do not constitute a misconduct.

To appreciate as to whether the allegations constitute a misconduct or not, the matter is to be heard finally after granting opportunity to the state-respondent for filing counter affidavit.

To this extent, we do not find any error in the order passed by the writ court.

Insofar as the application for interim relief seeking stay on the order of suspension is concerned, we leave it open to the appellant to make an application before the writ court for consideration of the interim relief to that extent. In

case any such application is made, the same is requested to be considered and decided at an early date.

For disposal of stay application, the matter is listed in the week commencing 07.07.2025, as fresh.

The special appeal is accordingly disposed of .

( Ajai Kumar Srivastava-I,J. ) (Attau Rahman Masoodi,J.)

Order Date :- 29.5.2025 Shahnaz

Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench