Allahabad High Court
VINOD KUMAR TIWARI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court ordered the DGP (Fire) to consider and decide the petitioners' representation within twelve weeks, without examining the merits of the award recommendation.
Summary
The petitioners, Vinod Kumar Tiwari and another, filed a writ petition seeking mandamus directing the DGP (Fire) and the Commissioner to submit recommendations and prepare citations for gallantry awards as per Ministry of Home Affairs guidelines. The petitioners had already made a representation on 11 March 2026, and the standing counsel argued that further pendency would serve no purpose. The court, after noting the representation, ordered the DGP (Fire) to consider and decide the petitioners' representation within twelve weeks, providing a hearing to all concerned parties. The court expressly stated that it did not examine the merits of the award recommendation and acted strictly in accordance with law. Consequently, the petition was disposed of.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the DGP (Fire) to submit recommendations for gallantry awards in accordance with Ministry guidelines.
- Whether the court must examine the merits of the petitioners' claim before granting such mandamus.
Subjects
- mandamus
- writ petition
- gallantry award
- fire department
- representation
- guidelines
- high court
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14765 of 2026
Vinod Kumar Tiwari And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Sagar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This writ petition has been filed for the following relief:-
"i. Issue writ, order or direction in the nature of Mandamus directing the
respondents no. 2 and 3 to submit the recommendation in pursuance of
the guidelines issued by DG Fire dated 29.01.2026 in respect of
submitting citation in pursuance of the guidelines issued by the Ministry
of Home Affairs, Government of India dated 23.04.2024 and 16.01.2026;
ii. Issue writ, order or direction in the nature of Mandamus directing the
respondent no. 2 DGP Fire to decide the representation of the petitioners
and issue guidelines to the respondent no. 3 and 4 Commissioner for
prepare soft and hardcopy of citation for Form A and Form B for
recommendation of their names for gallantry award to the petitioners;"
2. Learned Standing Counsel has submitted that as petitioners have
already represented, no useful purpose would be served in keeping this
petition pending and it would be appropriate that respondent No. 2 be
directed to consider the grievance of the petitioners in accordance with
law.
3. In view of these facts, respondent No. 2 is directed to consider and
decide the representation dated 11.03.2026 of the petitioners in
accordance with law, after providing opportunity of hearing to all the
concerned parties, expeditiously, preferably within a period of twelve
weeks from the date of production of certified copy of this order.
WRIA No. 14765 of 2026
2
4. It is made clear that this court has not examined the matter on merits
and the order shall be passed strictly in accordance with law.
5. Accordingly, the petition stands disposed of.
(Manish Kumar Nigam,J.)
September 23, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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