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2025 DAILYLAW 124542 (ALL)

MUKTESHWAR LAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. RURAL DEVELOPMENT LKO. AND 5 OTHERS

WRIA/2070/2025 · 2025-02-19

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10701 Court No. - 6 Case :- WRIT - A No. - 2070 of 2025 Petitioner :- Mukteshwar Lal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Development Lko. And 5 Others Counsel for Petitioner :- Ashish Kumar Singh,Divyarth Singh Chauhan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Divyarth Singh Chauhan, learned counsel for the petitioner and the Standing counsel for the respondents. 2. The petitioner has challenged the order dated 12.2.2024 whereby adverse entry along with stoppage of one increment permanently has been granted to the petitioner. 3. Learned Standing counsel has raised a preliminary objection stating that the petitioner has equally efficacious and alternate remedy firstly by filing an appeal before the appellate authority under Rule 11 of U.P. Government Servants (Discipline and Appeal) Rules, 1999, apart from which, the petitioner can also assail the said order before U.P. State Public Services Tribunal. 4. At this stage, learned counsel for the petitioner does not dispute the the petitioner has aforesaid remedy and submits that he may be permitted to withdraw this petition with liberty to either approach appropriate authority by filing an appeal or challenge the same before U.P. State Public Services Tribunal. He has further submitted that the matter is urgent and, as such, in case appeal is filed the appellate authority may be directed to decide the same expeditiously. 5. Learned State counsel does not object to the aforesaid innocuous prayer of the petitioner. 6. Accordingly, it is provided that in case the appeal is filed before the competent authority, the same may be considered and decided expeditiously, preferably within a period of three months from the date the same is filed. 7. Subject to aforesaid direction, the petition is dismissed as not pressed. (Alok Mathur, J.) Order Date :- 19.2.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench