Neutral Citation No. - 2025:AHC:71333 Court No. - 4 Case :- WRIT - A No. - 5993 of 2025 Petitioner :- Nurulain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner as well as Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 25.02.2025, whereby, a penalty of recovery has been imposed upon him pursuant to the disciplinary proceedings drawn against him and having found petitioner guilty in in the departmental inquiry. Learned Additional Chief Standing Counsel on the contrary raises preliminary objection as to the maintainability of this petition at this stage that petitioner has an alternative efficacious remedy of appeal under Rule 11 of U.P. Government Servant (Discipline and Appeal) Rules, 1999. Meeting the preliminary objection raised by learned Additional Chief Standing Counsel, Mr. Awasthi sought to urge that since in the departmental inquiry petitioner had not been granted opportunity to participate in the second leg of inquiry, this Court can interfere in the order of punishment, the inquiry report being a flawed one on procedural ground. Be that as it may, looking to the reply submitted by the petitioner to the show cause notice, I consider it more appropriate for the appellate authority to investigate into the question of facts as to whether petitioner was really afforded any opportunity to participate in the oral inquiry and the second leg of inquiry. In the circumstances, I decline to grant indulgence in the matter at this stage. It is however, provided that in the event petitioner prefers an appeal along with the stay application for stay over and above the recovery order under the order of punishment within four weeks from today, the appellate authority shall first dispose of the stay application within two weeks of its presentation by a reasoned and speaking order and thereafter, shall proceed to decide the appeal within a further period of two months. It is made clear that while disposing of the appeal on merits the procedure prescribed for under the relevant rules shall be strictly adhered to and the order passed by the appellate authority shall be reasoned and speaking one. With the aforesaid observations and directions this petition stands disposed of. Order Date :- 5.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad