RAKESH CHANDRA v. U.P. STATE WAREHOUDING CORPORATION HEAD OFFICE LKO. THRU. MANAGING DIRECTOR AND 2 OTHERS
WRIA/8899/2025 · 2025-08-08
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156546 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156546 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46472 Court No. - 8 Case :- WRIT - A No. - 8899 of 2025 Petitioner :- Rakesh Chandra Respondent :- U.P. State Warehouding Corporation Head Office Lko. Thru. Managing Director And 2 Others Counsel for Petitioner :- Ratnesh Singh Tomar,Arsh Bugga,Surya Prakash Counsel for Respondent :- Rakesh Kumar Chaudhary Hon'ble Manish Mathur,J.
1. Sri Anuj Tandon, learned counsel has filed power on behalf of opposite party no.3 which is taken on record.
2. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
3. Petition has been filed challenging order dated 03.07.2025 whereby recovery has been
directed to be effected from petitioner.
4. It has been submitted that the departmental inquiry was instituted against petitioner vide
order dated 23.06.2023 whereafter the punishment order has been passed on 03.07.2025, against which he has preferred an appeal on 21.07.2025 alongwith an application for interim relief, which is still pending
consideration and in the meantime the opposite parties are seeking to implement the punishment order.
5. It has been submitted that once the appeal has already been preferred against the punishment order, there was no occasion for opposite parties to have acted in such haste to implement the punishment order.
6. Learned counsel for opposite parties submits that the memorandum of appeal has been submitted through speed post and shall be decided expeditiously.
7. In view of submissions advanced by learned
counsel for the parties and on perusal of material on record the petitioner has submitted an appeal against the order of punishment, in such a situation, the appellate authority is required to decide the same within a period of three months from the date of receipt of appeal.
8. It is further directed that till disposal of appeal preferred by petitioner, no recovery shall be effected from him in pursuance of the impugned order dated 03.07.2025.
9. With the aforesaid directions, the writ petition is disposed of. (Manish Mathur,J.)
Order Date:-8.8.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench