Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130569 Court No. - 4 Case :- WRIT - A No. - 11006 of 2025 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Abhishek Vishwakarma,Chandra Prakash Awasthi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard.
2. By means of this petition filed under Article 226 of the constitution petitioner has assailed the the order of punishment which is minor in nature as the amount is sought to be recovered under the order impugned.
3. Learned Standing Counsel submits that petitioner has an efficacious remedy of statutory appeal under the order dated 16.05.2025 and hence petitioner should be directed to avail the same in the first instance.
4. In the given facts and circumstances and the legal position where the departmental appeal is available to the petitioner I consider it appropriate to dispose of this petition with the direction to the petitioner to avail the remedy of statutory appeal.
5. Hence, this petition stands disposed of with a direction that in the event petitioner prefers statutory appeal before the appellate authority under the relevant discipline and appeal rules within a period of four weeks from today against the order dated 16.05.2025 the same shall be disposed of on merits by means of a reasoned and speaking order and following the procedure as prescribed under the relevant punishment and appeal rules within a further period of two months.
6. For a period of three months from today or till the disposal of appeal, whichever is earlier no recovery shall be made from the petitioner pursuant to the order dated 16.05.2025. Order Date :- 4.8.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad