Allahabad High Court
MAHTAB ALAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to decide the pending departmental appeal within twelve weeks, thereby granting the relief sought through mandamus.
Summary
Petitioner Mahtab Alam challenged his dismissal from the Uttar Pradesh Police by filing a departmental appeal under Rule 20 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The appeal, filed on 23 February 2026, remained pending before the Deputy Inspector General of Police, Crime Investigation Department, Lucknow. The petitioner sought a writ of mandamus directing the respondent to decide the appeal expeditiously. The Court observed that the pendency of the appeal rendered the writ petition redundant and that the appropriate relief was to direct the respondent to dispose of the appeal within a reasonable time. Accordingly, the Court disposed of the writ petition and ordered the respondent to decide the appeal within twelve weeks, subject to service of notice and hearing.
Issues considered
- Whether a writ of mandamus can be issued to compel the Deputy Inspector General of Police to decide a pending departmental appeal.
- Whether the delay in deciding the appeal violates principles of natural justice and warrants judicial intervention.
Subjects
- mandamus
- departmental appeal
- police service
- expeditious disposal
- natural justice
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15339 of 2026
Mahtab Alam
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Intekhab Alam Khan, Raj Kumar Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This writ petition has been filed seeking following relief :-
"(1). Issue a writ, order or direction in the nature of Mandamus commanding the
respondent no. -3/ Deputy Inspector General of Police, Crime Investigation Department,
U.P. Lucknow to decide the departmental statutory appeal dated 23.02.2026 filed by the
petitioner under Rule 20 of U.P. Police Officers of the Subordinate Ranks (Punishment and
Appeal) Rules, 1991 against the dismissal order dated 13.01.2026 passed against the
petitioner by Respondent No.- 4/Superintendent of Police, Crime Investigation
Department, U.P. Lucknow which is pending disposal before Respondent No.- 3/ Deputy
Inspector General of Police, Crime Investigation Department, U.P. Lucknow, expeditiously
within a reasonable period of time as may be fixed / prescribed by this Hon'ble Court at its
discretion and/or pass such other and further order(s) which this Hon'ble Court may deem
fit and proper under the facts and circumstances of the case."
2. Learned counsel for the petitioner submits that the above-mentioned appeal is
pending consideration and the same has not been decided till date. He prays that the
same may be decided expeditiously.
3. Since the above-mentioned appeal is pending, no useful purpose would be served in
keeping this writ petition pending.
3. In view of the above, this writ petition stands disposed of with a direction to
respondent no.3 to consider and decide the above-mentioned appeal filed by the
petitioner, in accordance with law, expeditiously, preferably within twelve weeks
from the date of production of a certified copy of this order, after ensuring service of
notice upon all the respondents and providing opportunity of hearing to all the
concerned parties provided there is no other legal impediment.
September 24, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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