Neutral Citation No. - 2025:AHC-LKO:23787 Court No. - 3 Case :- WRIT - A No. - 4274 of 2025 Petitioner :- Krishna Kant Singh Solanki Respondent :- U.P. Power Corporation Ltd. Thru. Chairman Lko. And 3 Others Counsel for Petitioner :- Neeranjan,Pratyush Mishra Counsel for Respondent :- Neerav Chitravanshi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Niranjan Singh, learned counsel for the petitioner and Sri Neerav Chitravanshi, learned counsel for the opposite parties. 2. The order under challenge is a major punishment order dated 28.03.2025 passed by opposite party no.2 whereby the petitioner has been dismissed from service. 3. Sri Chitravanshi has drawn attention of this Court towards Uttar Pradesh Power Corporation Limited Employees (Discipline and Appeal) Rules, 2020 (hereinafter referred to as "the Rules, 2020"). Rule 11 (1) of the Rules, 2020 provides that if any employee is aggrieved from any order being passed by the competent authority, such order would be challenged by filing an appeal before the superior authority, except any order is passed by the Board of Directors. In the present case, the impugned order has been passed by the Managing Director, therefore, the petitioner has got remedy to file an appeal before the Chairman, U.P. Power Corporation Limited i.e. opposite party no.1. 4. On that Sri Niranjan Singh has stated that the disciplinary authority of the petitioner is Chief Engineer but the impugned order has been passed by the Managing Director, who is the superior authority and is a revisional authority. 5. On that, Sri Chitravanshi has stated that this order may also be challenged before the appellate authority i.e. Chairman of the U.P. Power Corporation Limited inasmuch as this order has not been passed by the Board of Directors and any order being passed by the Board of Directors is not appealable. He has drawn attention of this Court towards the judgment of the Apex Court in re; Uttar Pradesh Power Corporation Limited v. Virendra Lal (dead) through LRs, (2013) 10 SCC 39, referring para-23 wherein the Apex Court has observed that the higher authority may also pass an order imposing a punishment, if the same order does not frustrate the liberty to file an appeal before the appellate authority. 6. Learned counsel for the petitioner has, therefore, submitted that the petitioner may be given liberty to file an appeal before the Chairman of the U.P. Power Corporation Limited and direction may be issued to decide the appeal of the petitioner on merits, with expedition, by affording him an opportunity of hearing. 7. Therefore, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer an appeal before the Chairman, U.P. Power Corporation Limited within a period of fifteen days taking all pleas and grounds enclosing therewith copies of relevant documents, which are necessary for disposal of the appeal and if such appeal is filed, the same shall be considered and disposed of by the appellate authority on merits, strictly in accordance with law, by affording the petitioner opportunity of hearing, with expedition, preferably within a period of two months from the date of production of certified copy of this order alongwith the appeal and decision thereof shall be intimated to the petitioner forthwith. [Rajesh Singh Chauhan,J.] Order Date :- 25.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench