Disposed

Manish Tiwari v. State of U.P. and Another

Allahabad HC5 Oct 2018WRIA/20636/2018

Case brief

AI extract

What is this about?

In a writ petition challenging a punishment order, the court directed the petitioner to file an appeal under the UP Government Servant Rules. The court possessed itself of the issue of delay in filing the appeal and directed the appeal to be decided on merits if filed. The writ petition was then disposed of.

What did the court decide?

Directed the petitioner to file an appeal before the competent authority within one month, with the appeal to be decided on merits without going into delay. Writ petition disposed of.

Manish Tiwari Vs State of U.P. and Another — Service and Employment | Allahabad HC (2018)

¶1

Court No. - 16

¶2

Case :- WRIT - A No. - 20636 of 2018

¶3

Petitioner :- Manish Tiwari Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Chandan Agarwal,Saurabh

¶4

Hon'ble Ajay Bhanot,J.

¶5

Learned counsel for the petitioner is permitted to correct the array of the parties in the writ petition during the course of the day.

¶6

Sri Kamlesh Kumar Tiwari, learned counsel for the petitioner submits that the petitioner has challenged the order of punishment passed by the respondent No.3-Superintendent Engineer.

¶7

Sri Saurabh, learned counsel for the respondent submits that the petitioner has an alternative and efficacious remedy of filing an appeal against the order impugned under Rule 11 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 as applicable to the respondent corporation.

¶8

Faced with the aforesaid submission, learned counsel for the petitioner recasts his relief. He has not pressed for the relief sought in the instant writ petition at this stage. He, however, contends that because of bona-fide but misconceived legal advice, the petitioner approached this Court directly. The period of limitation of filing an appeal has expired. He seeks enlargement of time for filing an appeal.

¶9

In such view of the matter, it is open to the petitioner to file an appeal against the order of punishment before the competent authority within a period of one month. In case such appeal is filed before the competent authority within the aforesaid stipulated period, the competent authority shall decide the appeal on merits without going into the question of delay. The appeal shall be decided within a period of three months from the date of receipt of a certified copy of this order along with copy of the memo of appeal. It is also open to the petitioner to file an application for interim relief before the appellate authority as well.

¶10

With the aforesaid direction, the writ petition is disposed of.

¶11

Order Date :- 5.10.2018 Ashish Tripathi

Manish Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manish Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gautam Singh Vs State of U.P. and 3 Others

C/M Sri Anant Adarsh Intermediate College and Another Vs Joint Director of Education and Others

Shashi Kapoor Vs State of U.P. and 2 Others

Upendra Nath Singh Vs State of U.P. and 4 Others

Kamlesh Pasvan Vs State of U.P. and 3 Others

Ainulhuda Vs State of U.P. and 7 Others