ROHIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LUCKNOW AND 3 OTHERS
WRIA/11021/2025 · 2025-09-18
Prashant Kumar, Rajan Roy
body2025
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[ 2025 DAILYLAW 165216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165216 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11021 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the parties. 2. By means of this petition the petitioner has challenged order dated 8th July, 2025 passed by U.P. State Public Services Tribunal (hereinafter to be referred as 'Tribunal') in Claim Petition No.1170 of 2025 as well as punishment order dated 27th March, 2024 and appellate order dated 17th September, 2024. The petitioner has also sought direction to opposite parties to extend all consequential service benefits which have been withheld on account of impugned orders. 3. After hearing the parties what comes out is that the appeal was filed belatedly i.e. beyond the period of 90 days prescribed in Rule 20 (6) of U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 (hereinafter referred as 'Rules, 1991') and the same was dismissed as time barred, although under the proviso to sub-rule 6 or Rule 20, there is a provision which permits the appellate authority at his discretion and for good cause shown to extend the said period of limitation to six months. The petitioner herein did not file an application for condonation of delay/extension of limitation. Consequently, the appeal got dismissed as time barred. As the appeal was time barred and the Tribunal did not find any error in the order of the appellate authority, therefore, it dismissed the claim petition as being time barred, the original punishment order having been passed on 27th March, 2024 which was Versus Counsel for Petitioner(s) : Devansh Mani Counsel for Respondent(s) : C.S.C., Shikhar Anand Rohit Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lucknow And 3 Others .....Respondent(s)
served upon the petitioner on 10th April, 2024. 4. Looking into the facts of the case, we are of the opinion that the Courts should always lead towards a decision of a case on merits, and hence, an opportunity should be given to the petitioner to move an application for extension of the time limit prescribed for filing the appeal as the appeal was delayed only by 1 month 24 days and if sufficient cause is shown by the petitioner before the appellate authority, then he shall consider exercising his power under the proviso to sub-rule 6 of Rule 20 of the Rules, 1991. 5.
5. We, accordingly, set aside the order of the Tribunal and also the appellate order. Consequently, the appeal of the petitioner, against the punishment order dated 27th March, 2024, shall stand revived before the appellate authority. The petitioner is granted liberty to file an application for condonation of delay/extension of limitation in the said appeal within fifteen days, which shall be considered as aforesaid. However, if the same is not filed within the said period, then the appeal can be dismissed as time barred. 6. The writ petition is, accordingly, disposed of. September 18, 2025 Manish Himwan WRIA No. 11021 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad, Lucknow Bench