Sushil Kumar v. State of U.P. Thru. Adll. Chief Secy. Home Deptt. Civil Sectt. Lko. and Others

Court No. - 1 Case :- SPECIAL APPEAL No. - 526 of 2023 Appellant :- Sushil Kumar Respondent :- State Of U.P. Thru. Adll. Chief Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Appellant :- Sheshnath Bhardwaj Advoc Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the parties.

¶2This intra-court appeal filed under Chapter VIII Rule V of Allahabad High Court Rules, 1952 has arisen out of judgement/order dated 09.11.2023 passed in Writ-A No.8825 of 2023.

¶3On a perusal of the judgement impugned here in this special appeal, it is clear that the disciplinary proceedings were bound to be concluded within the time period as stipulated in the earlier judgement dated 21.07.2023. The appellant seems to have made a repeated attempt to challenge the show cause notice prematurely. A show cause notice on the basis of inquiry held, if any, would not constitute a cause unless a final decision is arrived at by the competent authority, therefore, in the circumstances of the case, we leave all the legal and factual pleas open to the appellant so that the departmental proceedings are brought to its logical conclusion in terms of the order already passed.

¶4In case, the appellant has not filed any reply in response to the show cause notice so far, he is permitted to file the same within a period of 15 days from today. To this extent the order passed by the writ court stands modified.

¶5The appeal is accordingly disposed of. Order Date :- 21.11.2023 Shahnaz High Court of Judicature at Allahabad, Lucknow Bench