2025:UHC:1412-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 380 of 2024 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. 1. Mr. Harendra Belwal, learned counsel for the appellant. 2. Mr. Shubhang Dobhal, learned counsel for the respondents. 3. There is delay of 78 days in filing the appeal. Prayer for condonation of delay is not opposed by learned counsel for the respondents. 4. For the reasons stated in the delay condonation application, the same (IA No. 1 of 2024) is allowed. The delay in filing the appeal is hereby condoned. 5. This intra-court appeal is directed against the final order dated 06.09.2024 passed by learned Single Judge in WPSS No. 1688 of 2024. The order dated 06.09.2024, impugned by the writ petitioner, is extracted below:- “Mr. Harendra Belwal, learned counsel for the petitioner. 2. Mr. Shubhang Dobhal, learned counsel for respondents. 3. By means of this writ petition, the petitioner has challenged the order dated 09.08.2024 (annexure no.1) issued by the Establishment Officer of the respondent- University, whereby the petitioner has been dismissed from service. 4. Learned counsel for the respondent- University raised a preliminary objection 2025:UHC:1412-DB stating therein that the order of dismissal, may be challenged by the petitioner under Section 23 of U.P. Agricultural Universities Act, 1958. 5. In this view of the matter, the writ petition is dismissed. 6. The petitioner may avail remedy available to him under the aforesaid Act.” 6. Appellant contends that Section 23 of The Uttar Pradesh (Krishi Evam Prodyogik Vishwa Vidyalaya Adhiniyam), 1958 would not be attracted in the present case and the said provision is attracted when the election or appointment of a person, as member of any authority of the University is in question, or where a question arises, as to whether any decision of the University or an authority of the University is in conformity with the provisions of the Act and Statute, then the matter has to be referred to the Chancellor for decision. 7. Mr. Harendra Belwal, learned counsel appearing for the appellant submits that writ petitioner (appellant herein) was serving as Group ‘D’ employee (Agricultural Labourer), who was dismissed from service based on conviction by a criminal court; he had challenged dismissal order in a writ petition and learned Single Judge erred in relegating him to the remedy under Section 23 of the Act. He further submits that against the order of punishment passed by Vice-Chancellor, the person concerned has a right to appeal to the Board of Management, therefore, the order passed by learned Single Judge needs to be modified to the said extent. 8. Learned counsel for the appellant has placed reliance upon the provision 2025:UHC:1412-DB contained in Clause 4(d)(ii) of Chapter XXV of the Statute of the University, which is extracted below:- “12(4)(d)(ii) If the order of punishment is (1) by the Vice-Chancellor, the person affected shall have the right to appeal to the Board of Management and (2) by the Board of Management the person affected shall have the right to request for a review by the Board.” 9. This Court finds substance in the submission made by learned counsel for the appellant. As per provision contained in Clause 4(d)(ii) of Chapter XXV of the Statute of the University, an order of punishment passed against a Group ‘D’ employee of the University is appealable before Board of Management. 10. In such view of the matter, we modify the order impugned in this appeal and permit the appellant to challenge the dismissal order before the Board of Management, in accordance with the provisions contained in the statute of the University. 11. With the aforesaid direction, special appeal stands disposed of. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 28.02.2025 Aswal 2025:UHC:1412-DB