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2025 DAILYLAW 43084 (ALL)

MANISH KUMAR PANDEY v. STATE OF U.P. AND 2 OTHERS

WRIA/4925/2025 · 2025-04-17

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57758 Court No. - 4 Case :- WRIT - A No. - 4925 of 2025 Petitioner :- Manish Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shree Prakash Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of major penalty dated 02.04.2025. Learned Standing Counsel has raised a preliminary objection as to the maintainability of this petition at this stage. It is argued on behalf of the State respondents that petitioner has an alternative efficacious remedy of statutory appeal before the appellate authority under Rule 11 of U.P. Government Servant (Discipline and Appeal) Rules, 1999. Learned counsel for the petitioner could not dispute the above legal position. I view of the above, I decline to grant indulgence in the matter at this stage. Petition consigned to records at this stage. However, it is provided that in the event petitioner prefers an statutory departmental appeal before the appellate authority within a period of three weeks from today, the same shall be considered and disposed of on its own merit within a further period of two months. It is made clear that the appellate authority shall consider and decide the appeal strictly following the procedure prescribed for and the order to be passed should be reasoned and speaking one. Order Date :- 18.4.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad