Allahabad High Court
RAJESH KUMAR PANDEYversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- PRAKASH PADIA
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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