Allahabad High Court
RAKESH KUMAR SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the petition without merits, directing the inquiry committee to complete its inquiry and the competent authority to decide the promotion thereafter.
Summary
The petitioner, Rakesh Kumar Singh, challenged an order dated 05.06.2026 that deferred consideration of his promotion from Junior Clerk to Senior Clerk pending the outcome of an inquiry into a separate employee, Smt. Radha Rani Baghel. The petitioner argued that his promotion case is independent of Baghel's grievance and should be decided by the competent authority without delay. The respondents contended that a two‑member committee appointed by the Municipal Commissioner is currently investigating the promotion discrepancies raised by Baghel, and that no decision on the petitioner's promotion can be made until the committee’s report is submitted. The Court held that keeping the petition pending served no useful purpose and, without addressing the merits, ordered the inquiry committee to complete its investigation within two months and the competent authority to decide the promotion within two months of receiving the report. Consequently, the writ petition was disposed of with the stipulated directions.
Issues considered
- Whether the petitioner's promotion case can be adjudicated independently of the ongoing inquiry into another employee's complaint.
- Whether the court should stay the petition pending the completion of the inquiry committee's report.
Subjects
- promotion
- administrative law
- inquiry committee
- writ petition
- seniority
- municipal corporation
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15381 of 2026
Rakesh Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jigyasha Tripathi, Surendra Kumar
Tripathi
Counsel for Respondent(s) : Abhishek Srivastava, C.S.C., Shyam
Mani Shukla
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner; learned Standing Counsel
representing State-respondent no.1; Sri Shyam Mani Shukla, learned
counsel for the respondents no.2, and Sri Abhishek Srivastava, learned
Counsel for respondent No. 3.
2. The petitioner is aggrieved by the order dated 05.06.2026 passed by
respondent No. 3, whereby the representation submitted on his behalf
seeking his promotion from the post of Junior Clerk to the post of Senior
Clerk, pursuant to the order dated 24.02.2026 passed by this Court in Writ-A
No. 2690 of 2026 (Rakesh Kumar Singh Vs. State of U.P. and Another), has
been disposed of with an observation that the matter relating to the
petitioner's promotion shall be considered after completion of the inquiry
initiated on the representation submitted by one of the employees, namely,
Smt. Radha Rani Baghel.
3. Learned counsel for the petitioner submits that the case of the petitioner
has no connnection with the case of Smt. Radha Rani Baghel, whose name
finds place at lower rank that of the present petitioner in seniority/rank. It is
further submitted that the petitioner's case for promotion is independent and
may be considered by the competent authority in accordance with law.
4. Sri Abhishek Srivastava, learned Counsel appearing for respondent No. 3
has contended that the Municipal Commissioner, Nagar Nigam, Agra
(respondent No. 2), has constituted a two-member committee to inquire into
the discrepancy in the promotion of the employees pursuant to the complaint
WRIA No. 15381 of 2026
2
moved by Smt. Radha Rani Baghel. He further submits that the inquiry is in
progress and, until the final report is submitted by the inquiry committee, the
case relating to the promotion of the petitioner cannot be decided. It is
further submitted that, upon submission of the inquiry report, the case
relating to the promotion of the petitioner shall be considered and decided by
the competent authority in the light of the inquiry report submitted by the
inquiry committee.
5. In view of the above, no useful purpose would be served by keeping the
present petition pending. Accordingly, without expressing any opinion on
the merits of the case, this Court deems it appropriate to finally dispose of
the present petition with a direction that the inquiry committee, constituted
by the Municipal Commissioner, Nagar Nigam, Agra, shall complete the
inquiry and submit its report within a period of two months from the date of
production of a certified copy of this order. Upon receipt of the said inquiry
report, the concerned competent authority shall consider and decide the
promotional case of the petitioner strictly in accordance with law,
expeditiously, preferably within a period of two months after receipt of the
said inquiry report.
6. With the aforesaid observations and directions, the instant writ petition
stands disposed of.
September 30, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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