Disposed¶16

Avadhesh Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Agriculture Govt. of U.P., Lko. and Another

Allahabad HC24 Mar 2026WRIA/3053/2026

Case brief

AI extract

What is this about?

Service law — suspension — interim stay. Avadhesh Mishra v. State of U.P. (Agriculture Deptt.), Writ-A No. 3053 of 2026, Allahabad High Court Lucknow Bench, Karunesh Singh Pawar, J., 01.04.2026. Suspension order dated 10.03.2026 stayed till further orders on the prima facie view that no allegation of embezzlement or misconduct warranting major penalty existed; charge limited to negligence/dereliction of duty. Relied on Union of India v. J. Ahmed (1979) 2 SCC 286. Matter listed for 14.05.2026; no counter affidavit filed.

What did the court decide?

Interim stay of the operation of the impugned suspension order dated 10.03.2026 (Annexure-1) till further orders of this Court; case listed for 14.05.2026. ¶16

Avadhesh Mishra vs State of U.P. Thru. Prin. Secy. Deptt. of Agriculture Govt. of U.P., Lko. and Another — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 3053 of 2026

Avadhesh Mishra

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Agriculture Govt. Of U.P., Lko. And Another

¶7

.....Respondent(s)

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Counsel for Petitioner(s)	: Sanjay	Kumar Srivastava, Akshat Kumar
Counsel for Respondent(s)	: C.S.C.

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Court No. - 18

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.

¶12

Vide order dated 24.03.2026, learned Standing Counsel was granted time to file a counter affidavit. However, no counter affidavit has been filed till date.

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Learned counsel for the petitioner submits that the impugned suspension order has been passed without there being any allegation of embezzlement of government funds or any other serious misconduct against the petitioner which may warrant imposition of a major penalty. It is contended that the only allegation against the petitioner, if any, is of negligence in discharge of his duties.

¶14

While opposing the petition, learned counsel for the respondents submits that the petitioner has committed delay in taking action against the wholesale dealer.

¶15

Perused the record. Prima facie, from a perusal of the suspension order, it appears that there is no allegation of embezzlement or any misconduct warranting a major penalty; rather, the charge appears to be of dereliction and negligence in discharge of duties.

¶16

Thus, in view of the judgment of the Hon'ble Supreme Court in Union of India v. J. Ahmed (1979) 2 SCC 286 , the operation of the impugned order dated 10.03.2026 (Annexure-1) shall remain stayed till further orders of this Court.

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List this case on 14.05.2026.

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April 1, 2026 Madhu J.R/P.S

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Avadhesh Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Agriculture Govt. of U.P., Lko. and Another

Case brief

What is this about?

What did the court decide?

Avadhesh Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Agriculture Govt. of U.P., Lko. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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