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2025 DAILYLAW 102421 (ALL)

SUMAN KOUR v. STATE OF U.P. AND ANOTHER

WRIA/14930/2025 · 2025-10-12

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14930 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Suyash Pandey, learned counsel for the writ petitioner and Sri Jitendra Prasad, learned Standing Counsel for the State. 2. A preliminary objection has been raised by the learned Standing Counsel regarding the maintainability of the present writ petition on the ground that against the order dated 29.02.2000 passed in exercise of the powers conferred under Rule 8(2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991. The writ petition was allowed on 24.08.2017 remitting the matter back and thereafter an order came to be passed on 06.08.2018/19 and now the writ petition questioning the said order has been passed in the present writ petition which has been presented before this Court on 18.09.2025. Submission is that that the writ petitioner has an alternate efficacious remedy of preferring appeal under Rule 20 sub-rule (1) of 1991 Rules. 3. Learned counsel for the writ petitioner could not dispute the said proposition, however, he submits that the writ petitioner would be preferring appeal but there would be delay and the same be condoned. 4. Learned Standing Counsel submits that it is open for the writ petitioner to take justifiable grounds for condonation of delay. 5. Considering the submission so made across the bar, interference is declined, the application stands disposed of granting liberty to the writ Versus Counsel for Petitioner(s) : Jaideep Pandey, Suyash Pandey Counsel for Respondent(s) : C.S.C. Suman Kour .....Petitioner(s) State of U.P. and Another .....Respondent(s) petitioner to prefer an appeal and this Court has no reasons to disbelieve that, in case, an appeal is preferred along with condonation of delay then the same shall be considered in accordance with law. October 13, 2025 Rajesh WRIA No. 14930 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad