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2025 DAILYLAW 100657 (ALL)

INDRA PAL SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/14486/2025 · 2025-09-23

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14486 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the parties and perused the records. Petitioner is aggrieved by the order of punishment dated 23rd July, 2024 for the reason that the impugned order has been passed imposing minor penalty by way of mala fide exercise of power as he was to retire within a week from the date of decision taken by the disciplinary authority. Per contra, learned Standing Counsel has raised a preliminary objection as to the maintainability of this petition at this stage when petitioner has an alternative efficacious remedy of appeal. In the circumstances when the petitioner has already attained the age of superannuation, I hereby provide for the State Government to exercise its discretion under Section 25 of U.P. Government Servant (Discipline and Appeal) Rules, 1999, to call for records and consider the claim of the petitioner against the order of punishment. In this regard it is, therefore, provided that petitioner shall be making fresh representation before the State Government within a period of four weeks from today and if he does so, the same shall be treated as revision and shall be disposed of by means of a reasoned and speaking order within a further period of two months. With the aforesaid observations and directions, this petition stands disposed of. September 24, 2025 Atmesh Versus Counsel for Petitioner(s) : Jeetendra Kumar Sharma, Laxmi Dubey Counsel for Respondent(s) : C.S.C. (Ajit Kumar,J.) Indra Pal Singh .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad