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2025 DAILYLAW 59615 (ALL)

HARISH KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIA/6921/2025 · 2025-05-18

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:83101 Court No. - 4 Case :- WRIT - A No. - 6921 of 2025 Petitioner :- Harish Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deshraj Singh 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 challenged two orders of punishment passed by the disciplinary authority in the same date i.e. 16.08.2020 one inflicting punishment of dismissal from service and the other denying payment of salary for the period petitioner had remained under suspension on principles of No Work No Pay as he remained absent despite attachment. Learned counsel for the petitioner contends that this relates to the covid period when the entire country hit by pandemic Covid-19 and accordingly the indictment of punishment is bad in law. Learned Standing Counsel submits that petitioner may avail the remedy of appeal in the first instance. Learned counsel for the petitioner in reply submits that the time for appeal as prescribed under the rules has already lapsed and accordingly, this Court may direct the appellate authority to decide the appeal on merits ignoring the delay. In view of the above, this petition stands disposed of with a direction to the petitioner to prefer a statutory appeal before the appellate authority under the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991 within a period of four weeks from today along with the certified copy of this order and in the event such appeal is filed, as directed herein above, the appellate authority shall decide the appeal on merits ignoring the delay that has got caused in preferring the statutory appeal and decide the same within a further period of two months. It is further provided that the procedure prescribed for disposal of appeal under the relevant rules shall be strictly adhere to and the procedure adopted in disposal of appeal shall also be in consonance of the principles of natural justice and the order to be passed by the appellate authority shall be reasoned and speaking one. Order Date :- 19.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad