Disposed¶17

Deepak Ahirawar v. State of U.P. and 2 Others

Allahabad HC4 May 2026WRIA/6667/2026

Case brief

AI extract

What is this about?

Allahabad High Court, WRIT - A No. 6667 of 2026, Prakash Padia, J., decided May 5, 2026. Deepak Ahirawar v. State of U.P. Promotion to post of Head Constable; punishment order dated 12.01.2024; representations before Superintendent of Police, Banda (respondent no.3) undecided; petition disposed at admission stage with direction to decide fresh representation within six weeks; no merits adjudication (ex parte disposal). No statutes or precedents cited.

What did the court decide?

Writ petition disposed of finally at admission stage: petitioner may file a fresh representation before respondent no.3 within three weeks; respondent no.3 directed to pass appropriate order in accordance with law within six weeks; no adjudication on merits. ¶17

Deepak Ahirawar Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose punishment period under the order dated 12.01.2024 has expired, is entitled to consideration for promotion to the post of Head Constable with consequential benefits, and whether respondent no.3 should be directed to decide his representation.

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Court's answer

With consent of counsel, the writ petition was disposed of at the admission stage: the petitioner is permitted to submit a fresh representation ventilating all grievances before respondent no.3 with a certified copy of the order within three weeks, and if such representation is made, respondent no.3 is directed to pass appropriate order in accordance with law within a further period of six weeks.

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Ratio / Principle

Since the writ petition was decided on an ex parte version without seeking any response from the respondents, the order shall not be construed as an expression that the Court has gone into the merits; respondent no.3 must accord independent consideration strictly in accordance with law.

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Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction (WRIT - A) by a police officer seeking a mandamus for promotion to the post of Head Constable after expiry of the punishment period imposed by order dated 12.01.2024, his repeated representations to the Superintendent of Police, Banda having gone undecided. Disposed of at the admission stage with consent: petitioner permitted to submit a fresh representation within three weeks; respondent no.3 directed to pass an appropriate order in accordance with law within six weeks. The Court expressly clarified that, having decided the matter ex parte without the respondents' response, the order does not reflect any view on the merits and independent consideration is required.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - A No. - 6667 of 2026

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Deepak Ahirawar

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.....Petitioner(s)

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	Versus
State Of U.P. And 2 Others			.....Respondent(s)
Counsel for Petitioner(s)	: Akhilesh Yadav	Kumar	Mishra, Lavkush
Counsel for Respondent(s)	: C.S.C.
Court No.- 6

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HON'BLE PRAKASH PADIA, J.

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

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The petitioner has preferred present writ petition inter-alia with the following prayer:-

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"I. Issue a writ, order or direction in the nature of mandamus, directing/commanding the respondent authorities to promote the petitioner to post of Head Constable as well as to award all other benefits considering the seniority of the petitioner, within stipulated period of time as fixed by this Hon'ble Court."

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It is argued by learned counsel for the petitioner that period of punishment awarded vide order dated 12.01.2024 has already came to an end hence petitioner is entitled for consideration of his case for promotion on the post of Head Constable and though in this regard time and again representations were made by the counsel for the petitioner before the Superintendent of Police, Banda/respondent no.3 but till date no decision has been taken in the matter hence present writ petition.

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On the other hand it is argued by learned Standing Counsel that respondent no.3 will take a decision in the matter expeditiously.

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With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

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In the facts and circumstances, petitioner is permitted to submit a fresh

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WRIA No. 6667 of 2026

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representation ventilating all his grievances before the respondent no.3 along-with certified copy of this order within a period of three weeks from today. If such a representation is made, the respondent no.3 is directed to pass appropriate order in accordance with law within a further period of six weeks.

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With the aforesaid observations, present writ petition is disposed of finally.

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Since the writ petition has been decided on an exparte version without seeking any response from the respondents, thus passing of the order today may not be construed to an expression that this Court has gone into the merits of the matter and the third respondent shall accord independent consideration strictly in accordance with law and the mandate of law holding the field.

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(Prakash Padia,J.)

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May 5, 2026

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Pramod Tripathi

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Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad

Deepak Ahirawar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Deepak Ahirawar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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