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2026 DAILYLAW 11861 (ALL)

RAM NATH MISHRA @ RAMANATH MISHRA v. UNION OF INDIA AND 4 OTHERS

WRIA/15878/2026 · 2026-09-29

Dinesh Pathak

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15878 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the petitioner; Shri Om Prakash Mishra, learned counsel appearing on behalf of respondent no.1 and Shri Krishna Mohan Asthana, learned counsel appearing on behalf of respondents no.2 to 5. 2. The petitioner is aggrieved by the order dated 08.07.2021, whereby major penalty of removal from service which shall not be disqualification for future employment in terms of Regulation 4(i) of the Punjab National Bank Officer Employees' (Discipline and Appeal) Regulations, 1977 (in brevity 'Regulations, 1977'), has been imposed upon the petitioner. 3. Shri K. M. Asthana, learned counsel appearing on behalf of respondents no.2 to 5 has raised a preliminary objection with regard to the maintainability of the instant writ petition on the ground that the petitioner has an efficacious statutory alternative remedy of filing an appeal under Regulation 17 of the Regulations, 1977. 4. Shri Nitin Sharma, learned counsel appearing on behalf of the petitioner, submits that period of limitation to file the appeal had already expired long back, particularly on account of COVID-19 pandemic, and that, during the prevailing circumstances, the petitioner was incarcerated and was not able to approach the authorities concerned. However; he has not refuted the contention raised by learned counsel appearing on behalf of the respondents no.2 to 5 qua remedy of filing an appeal before the higher authority. Versus Counsel for Petitioner(s) : Nitin Sharma, Vikash Chandra Tiwari Counsel for Respondent(s) : A.S.G.I., Krishna Mohan Asthana, Om Prakash Mishra Ram Nath Mishra @ Ramanath Mishra .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) 5. In view of the above, instant writ petition is finally disposed of with a direction that the petitioner shall approach the higher authority under Regulation 17 of the Regulations, 1977, against the order impugned passed by the disciplinary authority. In the event, the petitioner files such an appeal along with the delay condonation application, the competent authority shall consider the said application for condonation of delay sympathetically, in accordance with law. September 30, 2026 VR WRIA No. 15878 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad