Manoj Kumar Mishra vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2025)

Manoj Kumar Mishra vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No substantive relief granted at this stage; interim directions issued to the Standing Counsel to obtain instructions, and the matter listed for further hearing on 15.09.2025.

Issue for consideration

Whether the charge sheet dated 11.08.2025, setting into motion departmental inquiry against the petitioner in respect of the selections of Safai Workers held in 2008 (in which he acted as chairman of one of the selection committees), deserves to be quashed, given that the selection and appointments were upheld by the judgment dated 12.02.2009 in Writ Petition No. 52693 of 2008 and on appeal (with an inquiry rider), that the charge sheet issued after a lapse of more than sixteen years with no charge-sheet ever previously issued, that the District Panchayat Raj Officer reported on 21.05.2025 an absence of cogent material, and in the light of the Supreme Court decision in Amresh Srivastava v. State of M.P. (Civil Appeal No. 10590 of 2024, decided 01.04.2025). +1 more

Court's answer

The Court directed Shri Manish Kumar, learned Standing Counsel, to obtain instructions from respondent Nos. 1 and 2 as to why the charge-sheet dated 11.08.2025 may not be quashed in the light of the judgment of the Supreme Court in Amresh Srivastava and the opinion rendered by the District Panchayat Raj Officer, Gorakhpur in his report dated 21.05.2025.

Ratio / Principle

The Court further directed that instructions be obtained as to what action has been taken against the other persons who were Chairmen of the other selection committees for the same selection and who have been named in the report of the District Panchayat Raj Officer dated 21.05.2025.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Ajit Kumar, J.), WRIT - A No. 13205 of 2025, interim order dated September 4, 2025. By a writ petition filed under Article 226 of the Constitution, petitioner Manoj Kumar Mishra challenges the charge sheet dated 11.08.2025 that sets into motion a departmental inquiry against him in respect of the selections of Safai Workers held in 2008. Counsel for the petitioner contended that the selection and appointments had been upheld by a judgment of a Single Judge of this Court dated 12.02.2009 in Civil Misc. Writ Petition No. 52693 of 2008 (quashing the cancellation of selection and appointment, with a direction to give appointment pursuant to the selection), that the appellate instance upheld that judgment with a rider leaving inquiry open to the Government, and that although the petitioner was suspended by order dated 12.02.2009 (challenged in Civil Misc. Writ Petition No. 5320 of 2009 and stayed), no charge-sheet was ever issued and that writ petition was dismissed as infructuous on 13.07.2022; the charge sheet now comes after a lapse of more than sixteen years. Reliance was placed on the report of the District Panchayat Raj Officer, Gorakhpur dated 21.05.2025, which opined that charges could not be framed for want of cogent material, and on the Supreme Court judgment in Amresh Srivastava v. State of M.P. and others, Civil Appeal No. 10590 of 2024, decided on 01.04.2025. The Court directed the learned Standing Counsel to obtain instructions from respondent Nos. 1 and 2 as to why the charge-sheet may not be quashed in the light of the Supreme Court judgment and the officer's opinion, and also as to what action has been taken against the other persons who chaired the other selection committees for the same selection and are named in the report. The order was to be communicated to the concerned respondents within three days and the matter was put up for 15.09.2025. This is an interim order; no final adjudication on the merits was made.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 13205 of 2025

Manoj Kumar Mishra

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Grijesh Tiwari
Counsel for Respondent(s)	: C.S.C.

Court No. - 4

HON'BLE AJIT KUMAR, J.

Heard Shri G.K.Singh, learned Senior Advocate assisted by Shri Girijesh Tiwari, learned counsel for petitioner and Shri Manish Kumar, learned Standing Counsel representing State respondents.

By means of this petition filed under Article 226 of the Constitution petitioner has questioned the charge sheet dated 11.08.2025 setting into motion departmental inquiry against him in respect of the selections of Safai Workers held in the year 2008.

The basic challenge to the order is that not only the selection and appointments had been upheld by the judgment of a Single Judge of this Court dated 12.02.2009 passed in Civil Misc. Writ Petition No. 52693 of 2008 quashing the cancellation of selection and appointment but also the report of the Commissioner Gorakhpur Division, Gorakhpur with a further direction to the State Government to give appointment pursuant to the selection and even in appeal the said judgment was upheld though with a rider that it would remain open for the Government to hold inquiry. He states that while petitioner was placed under suspension by the disciplinary authority vide order dated 12.02.2009, the same came to be challenged before this Court vide writ petition being Civil Misc. Writ Petition No. 5320 of 2009 and was stayed but no further inquiry was instituted against the petitioner as at no point of time charge-sheet was ever issued and ultimately the said writ petition got dismissed as infructuous on 13.07.2022.

It is argued by Shri Singh, learned Senior Advocate that when report was called for from District Panchayat Raj Officer, Gorakhpur, he

WRIA No. 13205 of 2025

2

submitted his report to the Direct Panchayat Raj, Uttar Pradesh, Lucknow on 21.05.2025 in which he categorically gave his opinion that it was not possible to frame charges against the petitioner in the absence of any cogent material in support of the allegations made against him while he acted as chairman of one of the selection committees and hence in the absence of any evidence available to frame the petitioner into charges for the alleged irregularity/ illegality committed in the matter of selection of Safai Workers in the year 2008 coupled with the fact that the charge sheet has now got issued after a lapse of more than sixteen years, the entire inquiry proceeding in question deserves to be quashed. He has placed reliance upon judgment of Supreme Court in the case of Amresh Srivastava v. State of M.P and others Civil Appeal No. 10590 of 2024 decided on 01.04.2025.

Let Shri Manish Kumar, learned Standing Counsel obtain instruction from the respondent No. 1 and 2 as to why the charge-sheet in question may not be quashed in the light of the judgment of the Supreme Court in the matter of Amresh Srivastava (supra) and the opinion rendered by the District Panchayat Raj Officer, Gorakhpur in his report dated 21.05.2025. Learned Standing Counsel shall also have instruction as to what action has been taken against other persons who were Chairmen of other selection committees in respect of the same selection and have been named in the report of the District Panchayat Raj Officer dated 21.05.2025.

Shri Manish Kumar, learned Standing Counsel shall communicate this order to the concerned respondents within three days.

Put up this matter on 15.09.2025.

(Ajit Kumar,J.)

September 4, 2025 Nadeem

Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad