HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11097 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. Petition has been filed seeking a direction to the concerned authority to take an expeditious decision on a statutory appeal dated 30.1.2024 filed against the order of punishment dated 29.12.2023. 3. It has been submitted by learned counsel for petitioner that against the order of punishment dated 29.12.2023, petitioner preferred a statutory appeal dated 30.1.2024 before the Chief Development Officer, who is the appellate authority prescribed under Rule 12 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the 'Discipline and Appeal Rules 1999'). He has, however, adverted to a letter dated 12.3.2023 whereby disciplinary authority himself has exercised appellate jurisdiction and has rejected petitioner's appeal on the premise that such rejection has been approved by the appellate authority. 4. Learned State counsel has provided written instructions dated 18.9.2023, copy of which is taken on record and reiterates the aforesaid aspect. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it appears that statutory representation dated 30.1.2024 preferred to the Chief Versus Counsel for Petitioner(s) : Veerendra Kumar Tiwari, Durga Prasad Shukla Counsel for Respondent(s) : C.S.C. Iftekhar Ahmad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Rural Deve. Deptt. Lko And 4 Others .....Respondent(s) Development Officer has been rejected by the disciplinary authority vide order dated 12.3.2023 indicating that it has been passed after approval by the appellate authority. 6. Such a course of action as has been taken by opposite parties is completely alien to service prudence. There is no provision of law under which the disciplinary authority can exercise appellate powers or pass any orders indicating it to have been passed after approval of the appellate authority. In terms of Rule 12 of the 'Discipline and Appeal Rules 1999', it is only appellate authority who is empowered to decide statutory appeal preferred by an employee against whom punishment order has been passed. 7. In view thereof, opposite party no. 3-Chief Development Officer, Sultanpur is directed to consider petitioner's appeal dated 30.1.2024 expeditiously within a period of four weeks from the date of production of a certified copy of this order is submitted before the said authority. The opposite party no. 4-District Development Officer, Sultanpur is hereby directed not to pass any order on any appeal preferred by an employee in terms of Section 12 of the 'Discipline and Appeal Rules 1999' unless he is exercising powers as an appellate authority. 8. With the aforesaid direction, writ petition stands disposed of. September 19, 2025 AKK WRIA No. 11097 of 2025 2 (Manish Mathur,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench