SMT. ARTI KATIYAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF INDUSTRIAL DEVEOPMENT AND ANOTHER
WRIA/5275/2025 · 2025-05-16
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139815 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139815 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28882 Court No. - 3 Case :- WRIT - A No. - 5275 of 2025 Petitioner :- Smt. Arti Katiyar Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Industrial Deveopment And Another Counsel for Petitioner :- Anuj Kudesia,Shweta Shukla Counsel for Respondent :- C.S.C.,Sanjeev Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Anuj Kudesia, learned counsel for the petitioner, Sri Sanjeev Singh, learned counsel for the opposite party no. 2 and Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the opposite party no. 1. By means of this petition, the petitioner has prayed the following reliefs:-
"(i). issue a writ, order or direction in the nature of Certiorari quashing the impugned dismissal order dated 26/27-12-2018 passed by the respondent no.2, contained as Annexure No.1 to this writ petition with all consequential benefits. (ii). issue nature a writ, order or direction in the of Mandamus commanding the respondents to reinstate the petitioner in services." Sri Anuj Kudesia, learned counsel for the petitioner has assailed the impugned dismissal order dated 26/27.12.2018 passed by the respondent no. 2 on the ground that the aforesaid impugned
order has been passed without following the due procedure of law. Sri Kudesia has further submitted that since there is a provision to file an appeal under Rule 45(1) of Disciplinary and Appeal Rules of U.P. State Industrial Development Corporation so the petitioner filed an appeal before the appellate authority on 25.01.2019, i.e., within time so stipulated under the rules but that appeal has not been decided by the appellate authority till date. The petitioner preferred some representations to the appellate authority to expedite the appeal but to no avail. Further attention has been drawn towards the Rule 45 which categorically provides vide Sub-Rule 2 of 45 that the appeal shall be filed within a period of one month and the appellate authority shall decide the appeal within a period of three months from the date of appeal but the aforesaid appeal has not been decided till date, therefore, the appellate authority may not decide the appeal after expiry of period of three months.
Sri Sanjeev Singh, learned counsel for the opposite party no. 2 could not demonstrate anything as to why the appeal has not been decided within stipulated time, he has no specific instructions on that point. Be that as it may, since, the petitioner has preferred a statutory appeal before the appellate authority, i.e., Chairman cum U.P. State Industrial Development Corporation, Lucknow, therefore, the appellate authority is directed to consider and dispose of the aforesaid appeal of the petitioner strictly in accordance with law by speaking and reasoned order by affording opportunity of hearing to the petitioner with expedition preferably within a period of one month from the production of certified copy of the order of this Court and decision thereof shall be intimated to the petitioner forthwith. The writ petition is accordingly disposed of.
Order Date :- 16.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench