DHARMENDRA KUMAR v. U.P. RAJKIYA NIRMAN NIGAM LTD. LKO THRU. MANAGING DIRECTOR AND 2 OTHERS
WRIA/3356/2025 · 2025-04-02
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130424 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130424 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18219 Court No. - 3 Case :- WRIT - A No. - 3356 of 2025 Petitioner :- Dharmendra Kumar Respondent :- U.P. Rajkiya Nirman Nigam Ltd. Lko Thru. Managing Director And 2 Others Counsel for Petitioner :- Alok Singh Counsel for Respondent :- Shishir Jain Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Alok Singh, learned counsel for the petitioner and Shri Naman Tripathi as well as Ms. Kavya Jain, holding brief of Shri Shishir Jain, learned counsel for the opposite parties.
2. By means of the present petition, the petitioner has made following prayer:
"i) To issue a writ order or direction in the nature of certiorari thereby quashing the impugned recovery order dated 03.01.2025 passed by opposite party no.2 as contained in Annexure No.1 to this writ petition."
3. It has been informed by learned counsel for the opposite parties that the petitioner has an alternate statutory remedy for challenging the impugned order by filing appeal before the Board of Directors. Therefore, this petition may be dismissed being not maintainable at this stage.
4. On that Shri Alok Singh, learned counsel for the petitioner has submitted that the petitioner is a retired employee aged about 64 years and may prefer an appeal before the appellate authority, but direction may be issued to decide the appeal with expedition. He has also submitted that since there is some delay in filing appeal, a direction may also be issued to decide the appeal on merits ignoring the delay.
5. Having considered the arguments of learned counsel for the parties and considering the specific condition to avail alternate statutory remedy, I hereby dismiss this writ petition at this stage.
6. However, a liberty is given to the petitioner to prefer an appeal before the appellate authority within a period of 15 days taking all the pleas and grounds, which are available to him and if such appeal is filed before the appellate authority, the same shall be considered and disposed of finally on merits, ignoring delay, by speaking and reasoned order with expedition
preferably within a period of three months from production of a certified copy of this order along with appeal. The decision thereof shall be intimated to the petitioner forthwith. Order Date :- 2.4.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench