Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59264 Court No. - 4 Case :- WRIT - A No. - 1213 of 2025 Petitioner :- Shiv Om Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Shanker Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. (1) Heard the learned counsel for the parties and perused the record. (2) This petition has been filed by the petitioner praying for quashing of the
order dated 17.10.2015 passed by the Respondent no.3, by which he has rejected the Appeal of the petitioner dated 18.12.2023 passed by respondent no. 2 on the ground that as per the Rule Appeal should have been preferred within a period of 90 days and the Appeal filed by the petitioner with a delay of 8 years and 1 month. (3) Learned counsel for the petitioner has placed reliance upon this Court's
order dated 20.05.2019 passed in Writ-A No.7994 of 2019 {Ram Baran Vs. State of U.P. and two others}. The order dated 20.05.2019 passed in Writ A No.7994 of 2019 is being quoted hereinbelow:-
"Heard learned counsel for the parties. Petitioner a class-IV employee (Safai Karmi), by the instant writ petition is assailing the order dated 29 August 2018 passed by the second respondent, Deputy Director, Panchayat, Bareilly Mandal, Bareilly dismissing the appeal of the petitioner under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 on the ground of latches. Having due regard to the fact that the petitioner is an illiterate class-IV employee, it would be in the interest of justice that his appeal be considered and decided on merit. Accordingly, the impugned order dated 29 August 2018 passed by second respondent is set aside and quashed. The second respondent, Deputy Director, Panchayat, Bareilly Mandal, Bareilly is directed to consider and decide the appeal of the petition a fresh on merit by passing a reasoned and speaking order, preferably, within two months from the date of filing of certified copy of this order along with the copy of the writ petition. With the aforementioned observations/directions, the writ petition stands
disposed of." (4) Case as made out by the learned counsel for the petitioner is squarely covered with the case of Ram Baran (supra) and as such in the light of the
judgement dated 20.05.2019 the order dated 17.10.2015 is set aside and the matter is remitted to the Respondent no.2 Dy. Director (Panchayat Raj), Bareilly Division, Bareilly to consider and decide the Appeal of the petitioner afresh on merits by passing speaking and reasoned order within a period of two months from the date of presentation of certified copy of this order is produce. (5) The present petition is accordingly disposed of.
Order Date :- 17.4.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad