State Of U. P vs. Saket Kumar Pathak

ITEM NO.17 COURT NO.9 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No. 22134/2022

(Arising out of impugned final judgment and order dated 02-03-2022 in WA No. 1052/2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench)

STATE OF U.P. & ANR. Petitioner(s)

VERSUS

SAKET KUMAR PATHAK Respondent(s)

(FOR ADMISSION and I.R. and IA No.110594/2022-CONDONATION OF DELAY IN FILING and IA No.110595/2022-EXEMPTION FROM FILING O.T. )

Date : 16-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) MR. V.K. SHUKLA., SR ADV MR. RAJEEV KUMAR DUBEY, ADV MR. ASHIWAN MISHRA, ADV MS. VAIDRUTI MISHRA, ADV Mr. Kamlendra Mishra, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R Delay condoned.

Having heard Shri V.K. Shukla, learned Senior Advocate appearing on behalf of the petitioners and in the facts and circumstances of the case, we see no reason to interfere with the impugned judgment and order passed by the High Court. However, question of law, namely, whether on quashing and setting aside the departmental proceedings on the ground that they were in violation of principle of natural justice, an opportunity to continue with the departmental proceedings from the stage it was found to be vitiated, is kept open.

With this, the Special Leave Petition stands dismissed. Pending application(s), if any, shall stand disposed of. Digitally signed by R Natarajan Date: 2022.08.18 16:23:07 IST Reason: Signature Not Verified

(NEETU SACHDEVA) (BEENA JOLLY) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)