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2025 DAILYLAW 197812 (ALL)

KASHMITA BARMAN v. UNION OF INDIA THRU. SECY. MINISTRY HOME AFFAIRS NEW DELHI AND 4 OTHERS

WRIA/10756/2025 · 2025-09-17

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10756 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and Mr. S.B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for opposite parties. 2. Petition has been filed challenging order dated 21.06.2025 whereby petitioner has been terminated from the post of Constable (G.D.), CT (GD), Non-Gazetted Group 'C', District Lakhimpur Kheri. 3. Learned counsel for opposite parties, at the very outset, has raised a preliminary objection regarding maintainability of this petition in view of the fact that petitioner has an alternative remedy of filing appeal under Rule 29 of the Shashatra Seema Bal Rules, 2009. 4. Learned counsel for petitioner in rebuttal thereof submits that while issuing the show cause notice dated 01.04.2025, only a 30 days period was granted for filing a response and the impugned order has been passed ignoring the fact that petitioner was in fact hospitalized during the said period and therefore, it was not possible for her to submit a reply. It is submitted that the impugned order has been passed without affording ample or reasonable opportunity of hearing. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of materiel on record, it is admitted that provision of appeal is available to petitioner. The aspect of petitioner's hospitalization Versus Counsel for Petitioner(s) : Arvind Kumar Gautam, Sanghmittra Rawat, Virendra Kumar Gautam Counsel for Respondent(s) : A.S.G.I. Kashmita Barman .....Petitioner(s) Union Of India Thru. Secy. Ministry Home Affairs New Delhi And 4 Others .....Respondent(s) as well as response to the show cause notice can very well be examined by the appellate authority. 6. In such circumstances, petitioner is granted liberty to approach the appellate authority in terms of Rule 29 of the S.S.B. Rules, 2009. The appellate authority shall consider and decide the appeal expeditiously on merits within a period of three months from the date a certified copy of this order is submitted before the appellate authority considering the grounds which are taken by petitioner in memorandum of appeal 7. With aforesaid directions, petition stands disposed of. September 17, 2025 Satish WRIA No. 10756 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench