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2025 DAILYLAW 55357 (ALL)

AMARDEEP SAXENA v. STATE OF U.P. AND 4 OTHERS

WRIA/6251/2025 · 2025-05-14

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79946 Court No. - 4 Case :- WRIT - A No. - 6251 of 2025 Petitioner :- Amardeep Saxena Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Harish Chandra, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has challenged the order of punishment as well as appellate authority and also the order passed by the authority sitting in revision. 3. It is contended by learned counsel for the petitioner that the authority sitting in revision was not justified in dismissing the revision only on the ground that earlier the petitioner's second appeal was dismissed being non-maintainable. It is argued that even if the petitioner had wrongly preferred the second appeal under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 whereas there was a provision of revision, in the first instance the revisional authority ought to have converted the appeal into revision and decided the same, but he having dismissed the same could not have dismissed the revision-petition of the petitioner which was subsequently filed. 4. Upon a pointed query being made, learned Standing Counsel very fairly concedes that the order is not sustainable as the Commissioner happens to be the competent authority in the revision-petition. 5. Writ petition succeeds and is allowed. In so far as the order passed by the Additional Commissioner (Judicial) dated 03.04.2025 is concerned. Revision petition is restored before him and he is directed to decide the revision-petition of the petitioner on merits within a period of two months of production of certified copy of this order by means of reasoned and speaking order. Order Date :- 15.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad