Allahabad High Court

NITESHversusSTATE OF U.P. AND ANOTHER

Decided: 29 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court ordered the disciplinary authority to complete the disciplinary proceedings and decide on the inquiry report within eight weeks, effectively granting the mandamus relief.

Summary

The petitioner, Nitesh, filed a writ petition seeking a mandamus directing the State of U.P. and another respondent to take a final decision on an inquiry report dated 03-02-2026 and to reinstate him with all service benefits. The petitioner alleged that the disciplinary authority had not acted on the completed inquiry report. The respondents argued that the inquiry was still pending and the petition should not be entertained. The Court held that the disciplinary proceedings must be concluded promptly and directed the respondent to complete the process within eight weeks. Consequently, the petition was disposed with a direction to the disciplinary authority to decide the matter expeditiously.

Issues considered

Whether the disciplinary authority should be compelled by mandamus to take a final decision on the inquiry report and reinstate the petitioner.

Subjects

mandamus
disciplinary proceedings
service reinstatement
writ petition
administrative law

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - A No. - 16037 of 2026

                                    Nitesh
                                                                                                        .....Petitioner(s)
                                                                            Versus

                                    State of U.P. and Another
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Kailash Prakash Pandey
                                    Counsel for Respondent(s)                     :   C.S.C.

                                    Court No. - 33
                                                       HON'BLE MANISH KUMAR NIGAM, J.

                                    1. This petition has been filed for the following relief:

                                    "(i) Issue a writ, order or direction in the nature of mandamus commanding and
                                    directing the respondents to take a final decision upon the inquiry report dated
                                    03.02.2026 and reinstate the services of the petitioner on his respective post with all
                                    consequential service benefits."

                                    2. It has been submitted by the learned counsel for the petitioner that
                                    inquiry against the petitioner has been completed and the report has been
                                    submitted by the inquiry officer on 3.2.2026 but the disciplinary authority
                                    has not taken any final decision in the matter.

                                    3. Learned Standing has submitted that since the inquiry is pending, no
                                    useful purpose would be served in keeping this petition pending.

                                    4. The writ petition is disposed of with direction to respondent no.2 to
                                    complete the disciplinary proceedings expeditiously, preferably within a
                                    period of eight weeks.



                                                                                          (Manish Kumar Nigam,J.)
                                    September 30, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad

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