Allahabad High Court
FAZAL IMAM NAQVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court held that the petitioner may file objections in the departmental proceedings, which must be considered by the respondents, but it did not grant the writs or stay and disposed of the petition.
Summary
Fazal Imam Naqvi, a judicial officer, filed a writ petition challenging two charge sheets issued in a disciplinary enquiry, alleging they violated the U.P. District Court Service Rules, 2013. He sought certiorari to quash the charge sheets, mandamus directing the authorities to consider his preliminary legal objection and to replace the inquiry officer on grounds of bias, and a stay on any final order pending the petition. The High Court noted that the petitioner is entitled to raise objections in the departmental proceedings and that such objections must be considered by the respondents. The Court did not grant the writs or stay, but disposed of the petition, allowing the petitioner to file any objection within a week, which will then be heard expeditiously. The decision emphasizes procedural rights in disciplinary matters without interfering with the substantive charge sheets.
Issues considered
- Whether the charge sheets issued in Final Enquiry No.10/2025 are illegal, arbitrary and contrary to the U.P. District Court Service Rules, 2013.
- Whether a writ of mandamus can be issued directing the respondents to consider the petitioner’s Preliminary Legal Objection dated 16.7.2026.
- Whether a writ of mandamus can be issued directing replacement of the Inquiry Officer on grounds of apprehended bias.
- Whether the court should stay any final order in the disciplinary proceedings pending the resolution of the writ petition.
Legislation cited
- U.P. District Court Service Rules, 2013
Subjects
- writ petition
- certiorari
- mandamus
- disciplinary proceedings
- preliminary legal objection
- bias
- stay of order
- U.P. District Court Service Rules
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15342 of 2026
Fazal Imam Naqvi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Sharma
Counsel for Respondent(s) : Ashish Mishra, C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of certiorari quashing the
charge sheet no.1 dated 13.3.2026 and the second/amended charge sheet
no. 2 dated 7.7.2026 issued in Final Enquiry No. 10/2025 by the Inquiry
Officer, being illegal, arbitrary and contrary to the mandatory provisions
of the U.P. District Court Service Rules, 2013.
Issue a writ, order or direction in the nature of mandamus directing to the
respondents to consider and decide the petitioner's Preliminary Legal
Objection dated 16.7.2026 by a reasoned and speaking order, strictly in
accordance with law the applicable U.P. District Court Service Rules
2013.
Issue a writ or direction in the nature of the mandamus directing to the
Hon'ble District Judge Ballia to consider and decide the petitioner's
application dated 24.8.2026, seeking replacement of the present Inquiry
Officer on account of the petitioner's reasonable apprehension of bias
and requesting appointment of another impartial Inquiry Officer.
Issue an appropriate writ, order or direction directing the respondents
not to pass any final order in the disciplinary proceedings arising out of
Final Enquiry No. 10/2025 during the pendency of the present writ
petition, particularly before consideration and decision of the petitioner's
Preliminary Legal Objection dated 16.7.2026 and application dated
WRIA No. 15342 of 2026
2
24.8.2026, in the interest of justice."
2. Learned Standing Counsel has submitted that admittedly, the
departmental proceedings are pending against the petitioner and petitioner
has right to take every objection legally permissible to him. In case
objections are taken by the petitioner, the same will be considered by the
respondents authority.
3. Accordingly, the writ petition stands disposed of with liberty to the
petitioner to file an objection, if any. In case the objection is filed by the
petitioner within a week, the same shall be considered and decided by the
respondent authority, in accordance with law, expeditiously, after
providing opportunity of hearing to all the concerned parties provided
there is no other legal impediment.
(Manish Kumar Nigam,J.)
September 24, 2026
Rishabh
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
Checking your session…