Dismissed

Shamsuzzuha v. State of U.P. and Others

Allahabad HC20 Sept 2018WRIA/49287/2006

Case brief

AI extract

What is this about?

The court declined to interfere with the termination of service order but directed the petitioner to file an appeal before the competent authority within three months to adjudicate factual and limitation issues on merits.

What did the court decide?

Petitioner directed to file appeal before competent authority within three months; appeal to be decided within four months on merits.

Shamsuzzuha Vs State of U.P. and Others — Service and Employment | Allahabad HC (2018)

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Court No. - 28

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Case :- WRIT - A No. - 49287 of 2006

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Petitioner :- Shamsuzzuha Respondent :- State Of U.P. And Others Counsel for Petitioner :- Anoop Tirvedi,Alok Kumar Yadav,Ramsagar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Learned counsel for the petitioner submits that the petitioner was falsely implicated in a criminal case by a lady whose name is anonymised as 'X'. It is submitted that the lady in question is habitual of lodging false criminal prosecutions. There are other mitigating factors which have been pointed out by learned counsel for the petitioner.

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Learned Standing Counsel Sri Vijay Pratap Singh submits that the petitioner has an alternative and efficacious remedy wherein she can raise the factual issues. The appellate authority is a trier of facts which can go into these issues.

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At this stage, learned counsel for the petitioner submits that the petitioner approached this Court on bonafide and misconceived legal advice. Consequently, the departmental appeal is barred by time. She seeks enlargement of the period of limitation.

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In view of the aforesaid submission, at this stage, this Court is not inclined to interfere with the order of termination of service of the petitioner dated 31.03.2006. It is open to the petitioner to file an appeal before the competent authority assailing the order dated 31.03.2006.

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It shall be open to the petitioner to raise all issues in his defence. If, the appeal is filed within a period of three months, the appellate authority shall decide the matter on merits after adverting to the various issues and mitigating circumstances, if any, raised by the petitioner in the memo of appeal. The appellate authority shall pass a reasoned order on the merits of the case and shall not go into the issue of delay in filing of the appeal. The appeal, if, is filed within a period of three months, shall be decided within a period of four months from the receipt of a certified copy of this order along with the memo of appeal.

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

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Order Date :- 20.9.2018 Dhananjai

Shamsuzzuha v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Shamsuzzuha v. State of U.P. and Others

Case brief

What is this about?

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