KAMLESH KUMAR TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS
WRIA/6728/2025 · 2025-07-01
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144813 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144813 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36827 Court No. - 18 Case :- WRIT - A No. - 6728 of 2025 Petitioner :- Kamlesh Kumar Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Vishnu Dev Shukla Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the petitioner and learned State Counsel appearing on behalf of opposite parties.
2. Present petition under Article 226 of Constitution of India challenging order dated 29.08.2023 whereby petitioner has been visited with major and minor penalty.
3. Learned counsel for petitioner submits that against aforesaid order, petitioner had filed a review application which is still pending consideration. It is therefore submitted that a direction may be issued for final disposal of review application.
4. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that there is no provision for filing of review against order of punishment and that appropriate remedy available to petitioner was to file an Appeal to the next higher authority in terms of Rule 11 of Uttar Pradesh Government Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred to as the Rules of 1999), which has not been availed of by petitioner.
5. Upon consideration of submissions advanced and perusal of material on record, it is admitted that there is provision of Appeal available with petitioner in terms of Rules of 1999 but instead of availing such remedy, he has filed Review Application which is admittedly pending.
6. Considering aforesaid facts and upon perusal of Rules of 1999, it is evident that there is no provision of filing review. The petitioner is granted liberty to approach the appellate authority by filing an Appeal against order dated 29.08.2023 within a period of two weeks from today.
7. In case such an Appeal is filed, the same shall be considered and decided expeditiously, preferably within a
period of six weeks from the date of receipt of representation.
8. With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 1.7.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench