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Allahabad High Court

SHRIOM GUPTAversusTHE STATE OF U.P. AND 4 OTHERS

Decided

Holding

The restraint imposed by the show‑cause notice on the petitioner’s duties is unsustainable and is quashed.

Summary

Shriom Gupta, a driver employed by the Uttar Pradesh State Transport Corporation, suffered a spinal cord ailment and was placed on light duties since July 2024. On 11 March 2026, he received a show‑cause notice directing him to submit medical documents and simultaneously restraining him from performing any official duties. Gupta contended that the restraint was arbitrary and beyond the authority's jurisdiction, while the respondents argued that the notice was a legitimate step pending medical proof. The Court examined whether a show‑cause notice can lawfully prohibit an employee from working without a proper adjudicatory order. It held that the restraint was ultra vires, as a notice merely invites a reply and cannot by itself deprive the employee of his duties. Consequently, the Court quashed the portion of the notice that barred Gupta from discharging his duties, while allowing the authority to consider his reply and decide the matter in accordance with law.

Issues considered

  • Whether a show‑cause notice can lawfully restrain an employee from performing duties pending submission of medical evidence.
  • Whether the authority exceeded its jurisdiction by imposing such restraint without a proper order.

Subjects

  • administrative law
  • service law
  • show cause notice
  • restraint of duties
  • procedural fairness
  • employee rights
  • jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 6772 of 2026

Shriom Gupta
                                                            .....Petitioner(s)
                                   Versus

The State Of U.P. And 4 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)       : Keshav Kumar Srivastava,           Saurav
                                  Mishra
Counsel for Respondent(s)       : C.S.C., Yashwant Singh

Court No. - 33
                    HON'BLE DINESH PATHAK, J.

1. Petitioner is aggrieved by the show cause notice dated 11.03.2026,
whereby he has been directed to furnish relevant medical documents and,
simultaneously, he has been restrained from discharging his official
duties.

2. It has been submitted that the petitioner was appointed on the post of
Driver. Owing to a spinal cord ailment, the petitioner is unable to
discharge his duties as a Driver. Consequent thereto, he has been
assigned light duty since July 2024. However, all of a sudden, the
impugned show cause notice dated 11.03.2026 has been issued to him
requiring submission of medical reports/documents and restraining him
from discharging his official duties. It has been submitted that the latter
part of the show cause notice, whereby the petitioner has been restrained
from discharging his duties, is arbitrary and unsustainable in the eye of
law.

3. Per contra, learned counsel appearing for the contesting respondents
No. 2 to 5 (UPSRTC) has contended that the spinal cord ailment of the
petitioner is curable and that for the last one year and eight months, he has
been placed for discharging light duties. Despite issuance of the show
cause notice, petitioner has failed to furnish the relevant medical
certificates and other documents to establish his medical condition
prevents him from discharging his duties as a Driver; therefore, an
observation has been made, in the impugned show cause notice,
                                                                                            WRIA No. 6772 of 2026
                                                                   2


                                    restraining the petitioner from discharging his duties until submission of
                                    the requisite medical certificate.

                                    4. Having considered the rival submissions advanced by the learned
                                    counsel for the parties and perusal of record, it transpires that the
                                    petitioner has been served with the show cause notice requiring him to
                                    furnish the relevant medical documents indicating his present medical
                                    status/condition, inasmuch as he has been assigned light duties instead of
                                    discharging duties on the post of Driver for which he was originally
                                    appointed. The petitioner has already submitted his reply dated
                                    12.03.2026 (Annexure No. 7). However, till date, according to the
                                    submission advanced by the learned counsel for the petitioner, no final
                                    decision has been taken by the authority concerned in the aforesaid
                                    matter.

                                    5. In my considered opinion, the authority concerned exceeded its
                                    jurisdiction in restraining the petitioner from discharging his duties
                                    pending submission of the medical reports. A show cause notice is
                                    intended only for inviting an objection/reply from the noticee. However,
                                    any observation made by the authority concerned restraining an employee
                                    from discharging his duties, without passing a proper order in accordance
                                    with law, causes serious prejudice to the employee, which is not
                                    sustainable under the law. Therefore, the observation made by the
                                    Assistant Regional Manager (respondent No. 4) in the impugned show
                                    cause notice restraining the petitioner from discharging his official duty,
                                    is unsustainable in law and deserves to be quashed.

                                    6. As such, instant writ petition succeeds and is allowed in part. The
                                    show cause notice dated 11.03.2026 issued by the respondent No. 4,
                                    insofar as it restrains the petitioner from discharging his official duty is
                                    hereby quashed. However, the authorities concerned shall be at liberty to
                                    proceed in the matter and take an appropriate decision in the light of the
                                    show cause notice and the reply submitted by the present petitioner to the
                                    said show cause notice, strictly in accordance with law, expeditiously.



                                                                                            (Dinesh Pathak,J.)
                                    May 6, 2026
                                    vinay




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

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