Allowed

Manish Kumar Singh v. State of U.P. and 6 Others

Allahabad HC4 Feb 2021WRIA/1246/2021

Case brief

AI extract

What is this about?

This writ petition challenged a rejection order regarding a second appeal. The court directed the competent authority to treat the pending appeal as a statutory revision under Rule 13 of the 1999 Rules and decide it on merits within four weeks.

What did the court decide?

Communication dated 29.9.2020 quashed; matter remitted to respondent no.1 to consider memo as statutory revision under Rule 13 of Rules, 1999 and decide within four weeks.

Manish Kumar Singh Vs State of U.P. and 6… — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 36

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Case :- WRIT - A No. - 1246 of 2021

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Petitioner :- Manish Kumar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jamil Ahamad Azmi Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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The communication dated 29.9.2020 sent by the Commissioner Rural Development, Gram Vikas, U.P. Lucknow intimating the order of rejection of second appeal filed by the petitioner, punishment order dated 25.4.2015 passed by the District Development Officer, Azamgarh as also the order dated 31.7.2015 (in appeal) passed by the Chief Development Officer, Azamgarh are subject matter of challenge in the writ petition.

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During the course of argument learned counsel for the petition has submitted that a direction be issued to the competent authority to decide the second appeal dated 26.9.2015 as departmental revision under Rule 13 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (in short as "the Rules' 1999).

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It is submitted by the learned counsel for the petitioner that the cause title of the memo of appeal filed by the petitioner may be wrong but a statutory revision is maintainable before respondent no.1. The appeal filed by the petitioner on 26.9.2015 has, however, been rejected as not maintainable in the communication dated 29.9.2020.

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Learned Standing counsel defended the stand of the respondent.

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Noticeable is the fact that remedy of statutory revision is available to the petitioner against the punishment order dated 25.4.2015 and the appellate order 31.7.2015, under Rule 13 of Rules,,1999. The petitioner had also approached the respondent no.1 well in time by moving a representation/appeal on 26.9.2015. After a period of more than five years, an intimation was sent to the Commissioner, Gram Vikas, U.P, Lucknow on 21.9.2020 by the Joint Secretary, Government of U.P, Lucknow stating that there is no provision for second appeal under Rule 11 of Rules, 1999.

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The officer of the rank of Principal Secretary ought not to have adopted such an approach. The appropriate course of action was to entertain the memo, though filed as an appeal, as revision

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under Rule 13 of the Rules, 1999.

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Moreover, it cannot be explained as to why period of five years was taken by the respondent no.1 in communicating his decision.

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Quashing the communication dated 29.9.2020 which was sent in reply to the letter dated 28.2.2020 of the Commissioner, Gram Vikas, U.P., the matter is remitted to respondent no.1 to consider the memo filed by the petitioner on 26.9.2015 as statutory revision under Rule 13 of Rules, 1999 and decide the same on merits in accordance with the law, preferably, within a period of four weeks from the date of receipt of the copy of this order.

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As far as challenge to the punishment and appellate order is concerned, the merits of the same has not been considered in view of the above direction.

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The writ petition is allowed.

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Order Date :- 4.2.2021

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Harshita

Manish Kumar Singh v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Manish Kumar Singh v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

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