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Allahabad High Court

KAMLESH KUMAR YADAV AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The order dated 07.01.2025 stopping the petitioners' salaries is set aside.

Summary

Petitioners Kamlesh Kumar Yadav and another, appointed as government employees in 2003 and 2009 respectively, challenged an order dated 07.01.2025 that stopped their salaries. The petitioners argued that no formal inquiry or charge sheet had been issued against them despite a complaint concerning their appointments. The High Court examined the absence of any adverse order or disciplinary proceeding and held that the salary stoppage was unwarranted. Consequently, the Court set aside the impugned order, subject to the possibility of a fresh order after hearing the petitioners. The writ petition was thereafter disposed of.

Issues considered

  • Whether the order stopping the petitioners' salaries is valid in the absence of a formal inquiry or charge sheet.
  • Whether the petitioners are entitled to relief under the writ jurisdiction to set aside the salary stoppage order.

Subjects

  • salary stoppage
  • service law
  • writ petition
  • administrative order
  • inquiry
  • appointment
  • illegal order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - A No. - 6393 of 2026

                                    Kamlesh Kumar Yadav And Another
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Shashank Dubey
                                    Counsel for Respondent(s)                      :   C.S.C.

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

                                    1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri

                                    Shashank Dubey, learned counsel for petitioner and Sri Dhirendra Pratap

                                    Singh, learned Standing Counsel for State-Respondents.


                                    2. At this state, the Court finds that since Petitioner-1 was appointed in

                                    the year 2003 and Petitioner-2 was appointed in 2009 as well as in a

                                    purported inquiry initiated on basis of a complaint made against their

                                    appointment till date no adverse order has been passed and no charge

                                    sheet has been issued, therefore, order impugned in this writ petition

                                    dated 07.01.2025, whereby petitioners’ salary is stopped, can be set aside.


                                    3. In view of above, impugned order dated 07.01.2025 is hereby set aside.

                                    However, this order is not come in way if a fresh order is passed after

                                    hearing stand of petitioners.


                                    4. The writ petition is accordingly disposed of.


                                    4. A copy of this order be placed on record of Writ-A No. 5940 of 2026.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 7, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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