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2025 DAILYLAW 55181 (ALL)

MAHESH GAUTAM v. STATE OF U.P. AND 2 OTHERS

WRIA/6242/2025 · 2025-05-14

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79928 Court No. - 4 Case :- WRIT - A No. - 6242 of 2025 Petitioner :- Mahesh Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Bind,Rajesh Kumar Bind Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has challenged the order of punishment authority dated 31.07.2025 as well as appellate authority dated 30.08.2024. 3. From the perusal of the order impugned, it transpires that the petitoiner's statutory appeal has come to be rejected on the ground that it was not preferred within the prescribed time limit of 90 days. 4. In the given facts and circumstances, I consider it appropriate to set aside the order dated 30.08.2024 of the appellate authority directing it to decide the appeal on merits. 5. Learned Standing Counsel though submits that the petitioner has remedy of revision but since the appeal is itself dismissed being time barred it would not be appropriate to relegate the petitioner to remedy of revision. 6. Writ petition succeeds and is allowed. 7. In so far as the order dated 30.08.2024 of appellate authority is concerned, the same is quashed. Departmental appeal stands restored before the appellate authority. Appellate authority is directed to decide the same on merits within a period of two months of presentation of certified copy of this order. 8. It is further provided that the procedure prescribed for disposal of statutory appeal shall be strictly adhered to and the order to be passed by the appellate authority by means of reasoned and speaking one. Order Date :- 15.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad