Neutral Citation No. - 2025:AHC-LKO:19891-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 146 of 2025 Appellant :- State Of U.P. Thru.Its Addl.Chief Secy./Prin. Secy. Deptt. Of Technical Education Lko. And 4 Others Respondent :- Alok Kumar And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Abhineet Jaiswal Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J. Order on C.M. Application No. 1 of 2025 1. Heard learned counsel for the parties. 2. There is reported delay of 169 days in filing the instant special appeal. 3. Reasons spelt out for the cause of delay being sufficient and in absence of any objection, the application for condonation of delay is allowed and delay is condoned. Order on Appeal 4. The intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is directed against the judgement/order dated 17.09.2024 passed by the writ court in Writ-A No. 4779 of 2024 whereby the writ petition arising out of the award of an adverse entry in the annual assessment for the year 2021-2022 has been quashed treating it to be a punishment as is evident from the operative part of the judgement which reads as under- "A writ in the nature of certiorari is issued quashing the impugned punishment order dated 15.09.2023 (Annexure No.1) passed by the Principal Secretary, Department of Technical Education, U.P., Civil Secretariat, U.P., Lucknow and the impugned adverse remarks dated 31.03.2022 (Annexure No.2) for the year 2021-2022 recorded by the opposite party No.5. The opposite parties are directed to pass consequential orders ignoring the impugned ACR dated 31.03.2022 and the impugned punishment order dated 15.09.2023 which have been quashed by this order." 5. The limited submission made by learned counsel for the State is to the effect that undisputedly the representation filed against the adverse entry for the above year could not be decided within the stipulated period of time provided under the statutory rules, therefore, for all purposes, the consequence as postulated under Rule 5 of U.P. Government Servants (Disposal of Representation Against Adverse Annual Confidential Reports and Allied Matters) Rules,1995, ensued in favour of the government servant but dereliction of duty in not deciding the representation would not render the entry expunged altogether which nevertheless, would remain relevant for the purposes of Rule 56 of the Uttar Pradesh Fundamental Rules contained in Financial Handbook Volume II, Parts II to IV by virtue of Rule-5 of the Rules, 1995. 6. It is conceded by learned counsel for the State that for all other purposes except Rule 56 of the Financial Handbook, the adverse entry may not be read against the respondent and to this extent, learned counsel for the respondent has also conceded the position of law. 7. We accordingly modify the order passed by the writ court to the extent that the adverse entry for the year 2021-22 may not be read against him for the purposes of other service benefits except for the proposes of Rule 56. 8. With this modification, the appeal is disposed of. (Rajeev Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 9.4.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench