ASHISH KUMAR PATEL v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIA/9246/2025 · 2025-07-09
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72560 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72560 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109783 Court No. - 4 Case :- WRIT - A No. - 9246 of 2025 Petitioner :- Ashish Kumar Patel Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Shagun K. Saran,Yash Singhal Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1.Heard Shri Shagun K. Saran, learned counsel for petitioner and learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution petitioner has challenged the punishment order as well as the order passed by the appellate authority in disciplinary proceedings. 3.Learned Standing Counsel has raised preliminary objection as to the maintainability of this petition at this stage on the ground of availability of efficacious alternative remedy of revision under the relevant punishment and appeal Rules.
4. Learned counsel for the petitioner though does not dispute the above, however, he submits that the statutory period prescribed for revision has already expired.
5. Considering the facts and circumstances of the case when the petitioner has an alternative efficacious remedy of revision under the relevant Punishment and Appeal Rules, I consider it appropriate for the petitioner to first exhaust the available remedy, however, since the period of limitation prescribed under the relevant rules has already expired, I hereby provide that in the event petitioner prefers revision before the competent authority within a period of four weeks from today, the authority competent in the matter shall entertain the revision and decide the same on merits and not the ground of delay, within a further period of two months.
6. Needless to add that the order to be passed by the authority sitting in revision shall be reasoned and speaking one.
7. Petition thus, stands disposed of. Order Date :- 10.7.2025/Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad