MANMEET SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF ENERGY U.P. LKO. AND 3 OTHERS
WRIA/3346/2024 · 2025-05-08
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136002 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136002 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27074 Court No. - 3 Case :- WRIT - A No. - 3346 of 2024 Petitioner :- Manmeet Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Energy U.P. Lko. And 3 Others Counsel for Petitioner :- Kshemendra Shukla Counsel for Respondent :- C.S.C.,Neerav Chitravanshi Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Kshemendra Shukla, learned counsel for the petitioner and Sri Neerav Chitravanshi, learned counsel for the opposite party.
2. By the impugned order dated 30.10.2023 passed by the respondent No. 3 a major penalty has been imposed upon the petitioner. The impugned order dated 15.03.2024 has been passed by the appellate authority rejecting the appeal against the said order has also been assailed in the writ petition.
3. Shri Shukla, learned counsel for the petitioner contends that the appellate authority has not applied its mind to the grounds of appeal.
4. Shri Chitravanshi, learned counsel for the respondents could not satisfactorily dispute the said submission.
5. Heard learned counsel for the parties.
6. Perusal of the order passed by the appellate authority does not reflect application of mind to the grounds taken in the memo of appeal. Departmental appeal is not a formality. The appellate authority is quasi judicial authority which has to independently apply its mind to the grounds taken in the memo of appeal and return findings thereon. Admittedly in the instant case, the said obligation has not been discharged by the appellate authority and the impugned order was passed in a mechanical manner. The
order passed by the appellate authority is vitiated and is liable to be set aside.
7. The impugned order dated 15.03.2024 is accordingly set aside.
8. The matter is remitted to the appellate authority for fresh adjudication of the appeal consistent with the
observations made above.
9. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
10. Writ petition is allowed to the extent indicated above. . [Rajesh Singh Chauhan, J.]
Order Date :- 8.5.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench