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
Checking your session…