Allahabad High Court
ARVIND KUMARversusSTATE OF U.P. AND 2 OTHER
- Decided
- Bench
- DINESH PATHAK
Holding
The Court directed the Board to consider and decide the pending appeal within four months, disposing of the writ petition without commenting on the merits.
Summary
Arvind Kumar, a Junior Engineer of U.P. Power Corporation Ltd., was penalised by reduction of his basic pay through an order dated 17-04-2023. He filed an appeal under Regulation 11 of the corporation's Discipline and Appeal Regulations, 2020, which remains pending before the Board of Directors. The petitioner then moved the High Court seeking a writ of mandamus to compel the Board to decide the appeal and to keep the penalty order in abeyance until the appeal is disposed of. The respondents did not oppose a direction for expeditious disposal of the appeal. The Court, without addressing the merits, disposed of the writ petition and directed the Board to decide the appeal within four months of the order, effectively granting the mandamus relief.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Board of Directors of U.P. Power Corporation Ltd. to decide a pending disciplinary appeal.
- Whether the order imposing reduction of basic pay should be kept in abeyance pending disposal of the appeal.
Subjects
- writ of mandamus
- disciplinary penalty
- reduction of pay
- appeal
- U.P. Power Corporation
- service regulations
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7425 of 2026
Arvind Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Other
.....Respondent(s)
Counsel for Petitioner(s) : Ritesh Srivastava, Shweta Singh
Counsel for Respondent(s) : Abhishek Srivastava, C.S.C.
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents and perused the record on Board.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
" (i) issue a writ, order or direction in the nature of Mandamus
commanding the Respondent No. 2, the Board of Directors, U.P. Power
Corporation Ltd., to consider and decide the appeal dated 02.07.2023
preferred by the Petitioner (Annexure No.5) against the order dated
17.04.2023 passed by the Respondent No.3 whereby, the major penalty
i.e. "reduction to the initial basic pay of Junior Engineer" has been
imposed on the Petitioner, strictly in accordance with law, within a
stipulated time-bound period as may be fixed by this Hon'ble Court;
(ii) issue a writ, order or direction in the nature of Mandamus
commanding the respondents to keep the order dated 17.04.2023 passed
by the Respondent No.3 (Annexure No.4) in abeyance till the disposal of
the appeal dated 02.07.2023."
3. It is submitted that the appeal under Regulation 11 of the U. P. Power
Corporation Limited Employees (Discipline and Appeal) Regulations, 2020
preferred on behalf of the present petitioner assailing the order dated
17.04.2023, whereby the major penalty of reduction to the initial basic
pay of Junior Engineer has been imposed upon the present petitioner is
pending consideration before the Board of Directors (Respondent No. 2) and
same has not been decided till date.
4. Learned counsel for Respondent Nos. 2 and 3 has contended that he has
WRIA No. 7425 of 2026
2
no objection in case a direction is issued for expeditious disposal of the
aforesaid appeal pending before Respondent No. 2 within such stipulated
period as may be directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending, therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with a direction to Respondent No. 2 to consider
and decide the aforesaid appeal in accordance with law expeditiously,
preferably, within a period of four months from the date of production of a
certified copy of this order.
6. With the aforesaid observation, present writ petition is disposed of.
May 18, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
Checking your session…