Manoj Kumar Singh vs National Human Rights Commission New Delhi and 7 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 14612 of 2025

Manoj Kumar Singh

.....Petitioner(s)

Versus

National Human Rights Commission New Delhi And 7 Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Ashutosh Singh, Vishal Singh Counsel for Respondent(s) : C.S.C.

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Court No. - 7

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HON'BLE MANISH MATHUR, J.

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1. Heard learned counsel for petitioner and
learned state counsel for opposite parties.

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2. Learned State Counsel has been provided
written instructions dated January 8, 2026, which
are taken on record.

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3. Petition has been filed challenging order
dated 28th October 2025 passed by the National
Human Rights Commission in case/file No.
21178/24/11/2024 so far as it relates to
initiation of disciplinary action against
petitioner.

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4. Mr. Sudeep Kumar Singh learned State Counsel
has raised a preliminary objection with regard to
maintainability of this petition in view of the
fact that letter of the National Human Rights
Commission has been issued in terms of Protection
of Human Rights Act 1993 and it states only a
recommendation in terms of Section 18 of the Act
and does not constitute other action.

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5. In response thereto, learned counsel for
petitioner has also adverted to Section 18 of the
Act of 1993 to submit that although the
commission is only entitled to issue a

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WRIA No. 14612 of 2025

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2

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recommendation for initiation of proceedings, the
tone and tenor of the impugned order clearly
indicates it to be a direction having been issued
to the Director General of Police of the State
for initiation of disciplinary proceedings
against petitioner and therefore it would not
come within realm of recommendation due to which
the petition would be maintainable.

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6. Learned State Counsel on the basis of
instructions submits that in view of the letter
sent by Commission, a preliminary inquiry has
been instituted and is currently underway.

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7. Upon consideration of submissions advanced by
learned counsel for parties and perusal of the
material on record, the dispute in question is
whether the impugned letter amounts to a
direction being issued to the authorities or it
is merely recommendatory in nature.

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8. Section 18 of the Act of 1993 indicates the
steps to be taken during and after inquiry by the
Commission and specifies various steps which
could be taken by the Commission. Perusal of the
aforesaid section clearly indicates that in case
an inquiry discloses the commission of violation
of human rights or negligence in the prevention
of violation of human rights or abatement thereof
by a public servant, it may recommend to the
state government or authority concerned to take
various steps on the basis of the inquiry report
awarded by the Commission. As such, it is quite
evident that the steps taken by the Commission
during and after the inquiry are merely
recommendatory in nature and do not amount to any
direction to be issued for initiation of
disciplinary proceedings.

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9. In the present case, it is also evident that
since a preliminary inquiry has been instituted
by the authority concerned, the impugned letter

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WRIA No. 14612 of 2025

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3

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is not being treated as a direction but only as a
recommendation otherwise there was no occasion
for opposite parties to have initiated any
preliminary inquiry and disciplinary proceedings
could have been initiated directly.

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10. In view of discussion made herein-above, it
being evident that impugned letter is merely
recommendatory in nature although may be couched
in a language indicating it to be a direction,
this court does not find any ground for the
present petition to be maintainable. In case any
disciplinary proceedings are taken against
petitioner by issuance of charge sheet, he shall
be at liberty to challenge the same in case so
warranted.

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11. With the aforesaid directions, the petition
stands disposed of.

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(Manish Mathur,J.)

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January 9, 2026 prabhat

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

Manoj Kumar Singh v. National Human Rights Commission New Delhi and 7 Others

Case brief

What is this about?

What did the court decide?

Manoj Kumar Singh v. National Human Rights Commission New Delhi and 7 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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