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2025 DAILYLAW 9339 (ALL)

CHANDRA PAL SINGH v. DISTRICT JUDGE, MAINPURI, DISTRICT MAINPURI

WRIA/632/2025 · 2025-02-05

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17401 Court No. - 4 Case :- WRIT - A No. - 632 of 2025 Petitioner :- Chandra Pal Singh Respondent :- District Judge, Mainpuri, District Mainpuri Counsel for Petitioner :- Prerna Surolia,Ravi Kant Surolia Counsel for Respondent :- Ashish Mishra Hon'ble Ajit Kumar,J. Heard Sri Ravi Kant Surolia, learned counsel for the petitioner and Sri F.A. Ansari, learned counsel for the respondents. The petitioner before this Court is aggrieved by the order of punishment imposing major penalty dated 6th March, 2017 by the District Judge, Mainpuri. A preliminary objection has been raised by Sri F.A. Ansari, learned counsel for the respondent as to the maintainability of this petition on the ground that petitioner has an alternative efficacious remedy of statutory appeal under Rule 23 (9) of U.P. State District Courts Service Rules, 2013 inasmuch as the petition is bad for long delay and laches. Learned counsel for the petitioner could not dispute the aforesaid legal position except taking the plea that since proceedings were initiated under the old rules that have come to be repealed subsequently, the punishment order is bad in law. However, he would not dispute that on the date of passing of the punishment order the Rules, 2013 were very much in existence and under these rules there is a provision for appeal. In such above view of the matter, therefore, I decline to grant indulgence in the matter. However, it is provided that in the event petitioner prefers statutory appeal along with an application to condone the delay before the competent authority, the same shall be looked into and be disposed off in accordance with law. Order Date :- 6.2.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad