Neutral Citation No. - 2025:AHC:129491 Court No. - 4 Case :- WRIT - A No. - 10905 of 2025 Petitioner :- Ramkesh Chauhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Deshraj Singh, 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, petitioner wants disposal of representation of the petitioner as per the order passed on 23.03.2023 by the District Panchayat Raj Officer. 3. Learned Standing Counsel on the contrary submits that the petitioner's departmental appeal has already stood dismissed by the competent authority vide order dated 27.05.2023 may be on the ground of delay. 4. Learned counsel for the petitioner submits that departmental appeal of the petitioner has been rejected merely on delay being barred by limitation of 90 days prescribed under the relevant statutory rules. He pleads that he may be afforded an opportunity to challenge the same by amending the relief clause of the petition and the matter can be directed to be decided a fresh by the appellate authority. 5. In the given facts and circumstances, when I find that the departmental appeal has been dismissed merely on the ground of delay, I permit the petitioner to amend the relief clause of the writ petition forthwith challenging the order dated 27.05.2023. 6. Having heard learned counsel for the respective parties and having perused the records, I find that the departmental appeal has been dismissed merely because it was beyond the period of 90 days prescribed under the Rules for the purposes of departmental appeal preferred by the delinquent employee. Accordingly, I consider it appropriate that the departmental appeal may be heard and disposed of afresh on merits. 7. In the circumstances, the order dated 27.05.2023 passed by appellate authority namely, Divisional Deputy Director (Panchayat Raj), Azamgarh Division, Azamgarh is hereby quashed. The departmental appeal of the petitioner stands restored for fresh disposal on merits this time by the appellate authority. Appropriate order disposing of the merits on appeal shall be passed within a period of two months of production of certified copy of this order. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 1.8.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad