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Allahabad High Court

VIVEK SHARMAversusState of U.P. AND 2 OTHERS

Decided

Holding

The court disposed of both writ petitions, noting that the State will consider the petitioner's promotion claim in accordance with law.

Summary

Vivek Sharma, a government employee, filed a writ petition seeking promotion after being exonerated in a disciplinary inquiry dated 16‑06‑2023. The State had not taken a final decision on his case, whereas a similar case involving Arun Kumar Sharma was resolved on 22‑08‑2024 with the inquiry report accepted. The State's Standing Counsel assured that a decision on Sharma's case would be taken within three weeks. Relying on this assurance, the court disposed of the current writ petition (Writ‑A No. 14902 of 2024) and, by reference, also disposed of the earlier writ petition (Writ‑A No. 7889 of 2021), directing that Sharma's claim for promotion be considered in accordance with law.

Issues considered

  • Whether the State is required to act on the exoneration report and grant promotion to the petitioner.
  • Whether the State's delay in taking a final decision violates the petitioner's service rights.

Subjects

  • promotion
  • disciplinary inquiry
  • service law
  • writ petition
  • administrative delay

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 14902 of 2024

Vivek Sharma
                                                                 .....Petitioner(s)
                                      Versus

State Of U.P. And 2 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)         : Abhinav Gaur, Sr. Advocate, Vibhu Rai
Counsel for Respondent(s)         : C.S.C., Ravi Prakash Pandey, Tejasvi
                                    Misra

Along with :
1.    Writ - A No. 7889 of 2021:
      Vivek Sharma
                                         Versus
       State of U.P. and 2 others


Court No. - 32
            HON'BLE SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri Prashant Gupta, Advocate holding brief of Sri Vibhu Rai, learned

counsel for petitioner, learned Standing Counsel for State-Respondents and Sri

Ravi Prakash Pandey, Advocate for Respondents-2 and 3.


2. Sri Prashant Gupta, Advocate initially was not ready to argue the case,

however, with encouragement of Members of Bar present in the Court he has

pointed out that petitioner and two others have faced a disciplinary proceeding

and vide an inquiry report dated 16.06.2023 all have been exonerated.

However, in the case of petitioner the Disciplinary Authority, i.e., State, has not

taken any final decision either to accept inquiry report or not whereas in similar

circumstances with regard to other incumbent, Sri Arun Kumar Sharma,

concerned State Authority has taken a decision dated 22.08.2024 and accepted

inquiry report. He further submits that similar benefit be granted to petitioner.
                                                                                             WRIA No. 14902 of 2024
                                                                      2


                                    3. Learned Standing Counsel submits that if no decision is taken till date, the

                                    same will be taken taking note of above circumstances within three weeks from

                                    today.


                                    4. Learned counsel for petitioner fairly submits that on basis of above

                                    assurance, the first writ petition may be disposed of.


                                    5. In aforesaid circumstances, considering that an assurance has been given by

                                    learned Standing Counsel to consider the case of petitioner taking note of above

                                    order dated 22.08.2024 within a short period, therefore, Writ-A No. 14902 of

                                    2024 is disposed of accordingly with further observation that consequently

                                    claim of petitioner for promotion may be considered in accordance with law.


                                    6. On basis of above order, second writ petition, i.e., Writ-A No. 7889 of 2021

                                    is also similarly disposed of.



                                                                                  (Saurabh Shyam Shamshery,J.)
                                    April 23, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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