HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14516 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has challenged the punishment order as well as the appellate order passed by the disciplinary authority as well as appellate authority. It is argued by learned counsel for the petitioner that while punishment order was under challenge in appeal, the appellate authority was not justified in rejecting the appeal only on the ground that earlier he had remanded the matter to the District Magistrate concerned by setting aside his order and now for the second time the appeal would amount to second appeal and second appeal would not be maintainable under the rules. Upon a pointed query being made, learned Standing Counsel also could not justify the order passed by the appellate authority. Having heard learned counsel for the respective parties and having perused the records, in my considered view, even after the remand order is passed by the appellate authority to the disciplinary authority to decide the matter of punishment afresh and the disciplinary authority passes order afresh imposing the same nature of punishment or minor punishment or modified punishment then second time appeal filed before the appellate authority shall be taken to be a fresh appeal against the order passed by the disciplinary authority. In my considered view, the Commissioner has erred in law in holding that appeal was not maintainable. In the circumstances, I do not find any justification to sustain the order dated 18th July, 2025 and hence the order dated 18th July, 2025 passed by the Commissioner is hereby quashed. The departmental appeal of the petitioner stands restored before the Versus Counsel for Petitioner(s) : Ankit Raj Anand, Gaurav Bishan Counsel for Respondent(s) : Mohd Farooq .....Petitioner(s) Divisional Commissioner And 3 Others .....Respondent(s) Commissioner, who shall now decide the appeal on merits after giving due consideration to the grounds raised in appeal. The appropriate decision shall be taken by the appellate authority as expeditiously as possible preferably within a period two months from the date of presentation of certified copy of this order. September 24, 2025 Atmesh WRIA No. 14516 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad