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Allahabad High Court

KANAHAIYA LALversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition cannot be granted relief due to lack of necessary information and is therefore disposed.

Summary

The petitioner challenged a suspension order dated 22/26 November 2018, seeking relief after an eight‑year pendency of the writ petition. The petitioner’s counsel could not provide information on whether an administrative inquiry, if any, had been concluded. The court held that without such information the relief sought could not be granted. Consequently, the writ petition was dismissed as infructuous. No interim order was issued.

Issues considered

  • Can a suspension order dated 22/26 November 2018 be challenged after an eight‑year delay without proof of the status of any inquiry?
  • Is the court empowered to grant interim relief in the absence of information on the inquiry’s conclusion?

Subjects

  • suspension order
  • writ petition
  • administrative inquiry
  • delay
  • interim relief
  • Allahabad High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 26434 of 2018

                                    Kanahaiya Lal
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Brijendra Kumar, Prabhakar Awasthi,
                                                                      Siddharth Khare
                                    Counsel for Respondent(s)       : C.S.C., Prabhakar Awasthi

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. This case is of the year 2018 and today it is listed under the category of
                                    "WRITS LIKELY TO HAVE BECOME INFRUCTUOUS (EFFLUX OF
                                    TIME)".

                                    2. Heard Sri Mohd. Yaseen, learned counsel for petitioner and Sri A.K.
                                    Mishra, learned Standing Counsel for State.

                                    3. Petitioner has challenged order of suspension dated 22/26.11.2018 and
                                    till date, there is no interim order.

                                    4. Learned counsel for petitioner has no information whether during
                                    pendency of this writ petition i.e. 8 years, inquiry, if initiated, is
                                    concluded or not.

                                    5. Therefore, in absence of above information, relief sought cannot be
                                    granted and this writ petition is disposed of.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 7, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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