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Neutral Citation No. - 2025:AHC:134653 Court No. - 4 Case :- WRIT - A No. - 11386 of 2025 Petitioner :- Satvant Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukul Yadav,Rajesh Yadav 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 both the order of punishment passed by disciplinary authority dated 08.02.2023 as well as the order passed by the appellate authority dated
18.01.2025.
3. The main grievance of the petitioner is that while he preferred a departmental appeal the appellate authority instead of deciding the same on merits has dismissed the same on the ground of delay as it was preferred beyond the prescribed period of 90 days provided for under the U.P. Police Officer of Subordinate Rank (Punishment and Appeal) Rules, 1991
4. From the perusal of the order impugned passed by the appellate authority it transpires that the punishment order was passed on 08.02.2023 and appeal was preferred on 12.12.2024 beyond the period of three months.
5. Upon a pointed query being made, learned Standing Counsel submits that since the order is not on merits this Court may take pragmatic view to remand the matter to the appellate authority to decide the appeal afresh.
6. In view of the given facts and circumstances and looking to the
order of the appellate authority, I consider it appropriate to remand the matter to the appellate authority to decide the same on merits.
7. Accordingly the order dated 18.01.2025 is hereby quashed.
8. The departmental appeal of the petitioner is restored before the appellate authority. This time the appellate authority shall decide
the same on merits and shall dispose of the same within a period of next two months of presentation of certified copy of this order. Needless to add that the order to be passed must be reasoned and speaking one.
9. The petition thus, stands allowed.
Order Date :- 8.8.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad