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Allahabad High Court

RAJESH KUMAR PANDEYversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

A writ petition is not maintainable when no adverse disciplinary order has been passed, rendering the petition premature.

Summary

The petitioner, Rajesh Kumar Pandey, filed a writ petition challenging a letter dated 27.08.2025 in which the District Panchayat Raj Officer sought permission from the State Government to initiate disciplinary proceedings against him under Article 321-A of the Civil Service Regulation. The High Court examined the record and found that no adverse disciplinary order had been passed against the petitioner to date. Consequently, the Court held that the petition was premature. The Court dismissed the petition for lack of a concrete adverse order. The dismissal was based on the principle that a writ cannot be entertained before an actual violation occurs.

Issues considered

  • Whether a writ petition challenging a request for permission to initiate disciplinary proceedings is maintainable in the absence of an adverse order against the petitioner.

Legislation cited

  • Civil Service Regulation — s. 321-A

Subjects

  • disciplinary proceedings
  • Civil Service Regulation
  • premature petition
  • writ petition
  • High Court

Judgment

                                            HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - A No. - 5568 of 2026

                                  Rajesh Kumar Pandey
                                                                                              .....Petitioner(s)
                                                                     Versus

                                  State Of U.P. And 6 Others
                                                                                            .....Respondent(s)

                                  Counsel for Petitioner(s)                   :    Ram Prasad Yadav
                                  Counsel for Respondent(s)                   :    C.S.C.

                                  Court No. - 6
                                                      HON'BLE PRAKASH PADIA, J.

                                  1. Letter dated 27.08.2025 written by respondent No.4/District Panchayat
                                  Raj Officer, Basti to respondent No.2/Director, Panchayat Raj U.P.
                                  Lucknow is under challenge by which permission is sought by the
                                  respondent No.4 from the State Government to initiated disciplinary
                                  proceedings against the petitioner. under Article 321-A of Civil Service
                                  Regulation.

                                  2. From perusal of the record, it is clear that no adverse order has been
                                  passed against the petitioner till date, therefore, the petition is premature
                                  and the same is liable to be dismissed.

                                  3. Accordingly, the present petition is dismissed.



                                                                                           (Prakash Padia,J.)
                                  April 20, 2026
                                  saqlain




Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad


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