Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 8526 (ALL)

RAM JANAM VERMA v. STATE OF U.P. AND 6 OTHERS

WRIA/593/2025 · 2025-03-02

Ajay Bhanot

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:29652 Court No. - 5 Case :- WRIT - A No. - 593 of 2025 Petitioner :- Ram Janam Verma Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Diwakar Singh,Nisheeth Yadav Counsel for Respondent :- Abhinav Ojha,C.S.C.,Harsh Vardhan Gupta,Suresh Singh Hon'ble Ajay Bhanot,J. Sri Abhinav Ojha, learned counsel for the respondent contends that the petitioner has an alternative remedy of filing an appeal against the impugned order of recovery under Rule 11 of U.P. Government Servant (Discipline and Appeal) Rules, 1999. Sri Nisheeth Yadav, learned counsel for the petitioner contends that the appeal has become time barred. The delay was due to non-availability of records. The petitioner under bonafide legal advice had filed the instant writ petition. In wake of preceding submission, the prayers in writ petition are declined on grounds of alternative remedy. However, the writ petition is being disposed of with the following directions: 1. The petitioner shall file an appeal within a period of 15 days. In case, the appeal is filed along with the stay application, the same shall be heard on merits and without going into the issue of delay. 2. The stay application shall be promptly disposed of immediately after the appeal is instituted. In case, the stay application so filed by the petitioner is not decided within a period of 15 days from the institution of the appeal. It shall be open for the petitioner to approach this Court again. 3. The appeal shall be decided preferably within a period of six months. Order Date :- 3.3.2025 Mohini Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad