Mukesh Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. (Secondary Edu. ) Lko. and 4 Others

Heard learned counsel for the petitioner, Shri P K Singh, learned Additional Chief Standing Counsel for the respondents no. 1 & 3, Shri Ran Vijay Singh, learned counsel for the respondent no. 2 and Ms Poornima Singh, Advocate, holding brief of Shri Shailendra Singh Rajawat, learned counsel for the respondents 4 and 5.

¶12

With the consent of learned counsels appearing for the contesting parties, the writ petition is finally being decided

¶13

Learned counsel for the petitioner states that though the petitioner is aggrieved by the transfer order dated 30.06.2025 to the extent of he being transferred yet he only confines his prayer to the impugned suspension order dated 30.07.2025, a copy of which is annexure 2 to the writ petition.

¶14

Learned counsel for the petitioner states that he would be submitting his joining to the transferred place within three days from today.

¶15

The aforesaid statement is recorded.

¶16

WRIA No. 9463 of 2025

¶17

2

¶18

The contention of learned counsel for the petitioner is that although he has been transferred by means of order dated 30.06.2025 yet perusal of the suspension order would indicate that he has only been relieved on 25.07.2025 from the earlier institution and he has been placed under suspension for non joining on 30.07.2025.

¶19

The contention of learned counsel for the petitioner is that a perusal of the leave application status, a copy of which is part of annexure 2 (page 54) to the writ petition would indicate that his application for medical leave from 26.07.2025 to 04.08.2025 is still pending for approval and consequently there cannot be any occasion for the petitioner to have been placed under suspension even though his application for leave is still pending.

¶20

On the other hand, learned counsel for the respondents have indicated that as the petitioner has failed to submit his joining consequently he has been placed under suspension.

¶21

A perusal of the record indicate that after the petitioner had been transferred from erstwhile place of posting to the new place of posting he has only been relieved from his erstwhile place of posting on 25.07.2025.

¶22

A perusal of the leave application status would indicate that his leave from 26.07.2025 to 04.08.2025 was pending for approval. Once the application itself has not been decided consequently there does not appear to by any occasion for the petitioner to have been placed under suspension by means of order impugned dated 30.07.2025 even though the petitioner had not submitted his joining on the basis of the his application for leave being still pending.

¶23

Considering the aforesaid as well as the statement given by learned counsel for the petitioner that he would be submitting his joining within three days from today, the writ petition is partly allowed .

¶24

WRIA No. 9463 of 2025

¶25

3

¶26

The suspension order dated 30.07.2025, a copy of which is annexure 2 to the writ petition 3 is set aside.

¶27

Needless to mention that in case the petitioner fails to submit his joining within aforesaid period of time then the respondents would be at liberty to proceed against him in accordance with law.

¶28

The joining would be submitted by the petitioner without waiting for certified copy of this order.

August 25, 2025

J. K. Dinkar

(Abdul Moin,J.)

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

Mukesh Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. (Secondary Edu. ) Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. (Secondary Edu. ) Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dr. Amit Kumar Mishra Vs Union of India, Deptt. of Health Thru. Secy. (Health) New Delhi and 7 Others

Devendra Kumar Vs State Ofu.P. Thru. Prin. Secy. Basic Shiksha Lko. and 3 Others

Hari Shankar Singh Vs Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others

Shri Niwas Rawat and 27 Others vs State of U.P. Thru. Addl. Chief Secy. Finance U.P. Lko. and 19 Others

Vishwanath Tripathi and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Finance Govt. of U.P. Lko. and 5 Others

Shri Niwas Rawat and 27 Others Vs State of U.P. Thru. Addl. Chief Secy. Finance U.P. Lko. and 19 Others