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2025 DAILYLAW 126579 (ALL)

RAJENDRA KUMAR SONKAR v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. U.P. LKO. AND 3 OTHERS

WRIA/2578/2025 · 2025-03-05

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13441 Court No. - 5 Case :- WRIT - A No. - 2578 of 2025 Petitioner :- Rajendra Kumar Sonkar Respondent :- State Of U.P. Thru. Prin. Secy. Transport Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Diwakar Pratap Pandey,Shyam Narayan Shukla Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Manav Rathore, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for the respondents no. 2 to 4. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. Admittedly, against the order of punishment dated 04.02.2025, a copy of which is annexure 1 to the writ petition, the petitioner has a statutory remedy of filing of an appeal before the appellate authority. However, the petitioner apprehends that during pendency of the appeal, the amount shall be recovered from the salary of the petitioner. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appeal against the punishment order dated 04.2.2025 before the appellate authority within a period of two weeks from today. In case, such an appeal is filed before the appellate authority then the appellate authority shall proceed to decide the said appeal in accordance with law and the relevant rules which appeal would be decided within a period of six weeks from the date of filing of the said appeal along with the certified copy of this order. It would also be open for the petitioner to file an application for stay along with the appeal which would be considered by the appellate authority within a period of ten days of the said application being filed along with the appeal. Order Date :- 5.3.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench