Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13614 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
1. Heard Shri Anshul Kumar Singhal, learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has assailed the order passed by the disciplinary authority dated 07.10.2022 as well as order dated 16.04.2024 passed by the appellate authority dismissing the appeal. 3. It is submitted that the appellate authority has dismissed the appeal only on the ground of delay for it being barred by limitation period prescribed under the relevant punishment and appeal rules, 1991. 4. Learned Standing Counsel on the contrary submits that the petitioner has alternative efficacious remedy of revision, however, it is not disputed that the appellte authority has not considered the appeal on merits and has simply dismissed the same on the ground of delay for it being preferred beyond the period of limitation prescribed under the relevant rules. 5. Having considered the rival submissions so advanced by learned counsel appearing for respective parties, I find it more appropriate for the appellate authority to reconsider the matter on merits as the appeal has been dismissed only on the ground of delay. Relegating the petitioner for revision would not meet the ends of justice for the simple reason that authority sitting in revision has limited scope to interfere with the order passed in disciplinary proceedings as compared to Appellate Authority. Versus Counsel for Petitioner(s) : Anshul Kumar Singhal Counsel for Respondent(s) : C.S.C. Jitendra Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. In such circumstances, therefore, I consider it appropriate to remit the matter to the stage of appeal for decision afresh. 7. In view of the above, the order dated 16.04.2024 passed by the appellate authority is hereby quashed. The departmental appeal of the petitioner stands restored. Petitioner shall appear along with certified copy of this order within a period of four weeks from today. Soon after receipt of certified copy of this order, the appellate authority shall this time proceed to decide the appeal on merits considering the grounds raised in the appeal and appropriate decision shall be taken by the appellate authority within a further period of two months of production of certified copy of this order. 8. This petition thus stands allowed.
September 18, 2025 Nadeem WRIA No. 13614 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad