Allahabad High Court
SATISH KUMAR CHAUDHARYversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court dismissed the petition, refusing to issue mandamus, but directed the disciplinary authority to conclude the pending proceedings within twelve weeks.
Summary
The petitioner, a Gram Vikas Adhikari, filed a writ petition seeking a mandamus directing the State to resume his duties and to pay his full salary and arrears, relying on an inquiry report dated 16 June 2026 that exonerated him. The respondent argued that departmental disciplinary proceedings were still pending and that the petitioner could not be reinstated solely on the inquiry officer's report. The Court examined whether it could intervene and issue a mandamus in the absence of a final decision on the disciplinary proceedings. It held that it would not interfere with the pending departmental process and dismissed the petition. However, the Court directed the disciplinary authority to conclude the proceedings expeditiously, within twelve weeks, after providing the petitioner an opportunity of hearing.
Issues considered
- Whether a mandamus can be issued directing reinstatement of a public servant when departmental disciplinary proceedings are still pending despite an exonerating inquiry report.
- Whether the court can order payment of full salary and arrears in the absence of a final decision on the disciplinary proceedings.
Subjects
- mandamus
- departmental inquiry
- disciplinary proceedings
- public service
- reinstatement
- salary arrears
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14746 of 2026
Satish Kumar Chaudhary
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Lakhan Kanoujia
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed for the following reliefs:-
"1. Issue a writ order or direction in the nature of mandamus directing
the respondents for resuming duties of petitioner as earlier he was posted
at Gram Vikas Adhikari at Sirathu Block, District - Kaushambi to the
petitioner in pursuance of enquiry report dated 16.06.2026 Annexure no.
1 to the writ petition.
2. Issue a writ order or direction in the nature of mandamus directing to
the respondents, he may be paid his full regular salary and arrears of his
salary in accordance with law and rule."
2. Contention of learned counsel for the petitioner is that in the domestic
inquiry held, the petitioner has been exonerated by the Inquiry Officer and
therefore he may be permitted to resume his duties.
3. Learned Standing Counsel has submitted that departmental proceedings
against the petitioner has yet not been concluded and therefore unless
departmental proceedings are concluded, he cannot be permitted to rejoin
merely on the basis of Inquiry Officer's report.
4. In view of the same, I am not inclined to interfere in the matter.
5. Accordingly, the petition is dismissed. However, it is provided that
since Inquiry Officer has submitted its report after inquiry, the
disciplinary authority, i.e. respondent No. 5, is directed to conclude the
disciplinary proceedings against the petitioner expeditiously, preferably
within a period of twelve weeks from the date of production of certified
WRIA No. 14746 of 2026
2
copy of this order, in accordance with law, after providing opportunity of
hearing to the petitioner.
(Manish Kumar Nigam,J.)
September 23, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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