Disposed

Chandra Pal Singh v. State of U.P. and 3 Others

Allahabad HC30 Jun 2021WRIA/5660/2021

Case brief

AI extract

What is this about?

This single judge court issued a mandamus directing the Principal Secretary to decide a departmental appeal within four months. The court mandated that the issue of maintainability be decided first and required verification of the court order via computer generated copy.

What did the court decide?

Mandamus to decide the appealed departmental order within four months after verifying maintainability.

Chandra Pal Singh Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2021)

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Court No. - 6

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Case :- WRIT - A No. - 5660 of 2021 Petitioner :- Chandra Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The petitioner claims that he has preferred an appeal to the Principal Secretary, Department of Sugarcane and Sugar Industry/appellate authority against the order dated 21.08.2020 imposing a departmental penalty upon the applicant.

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The only prayer made by learned counsel for the petitioner is that the appeal may be decided within a stipulated period of time.

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Learned Standing Counsel submits that the issue of maintainability of appeal has to be considered first by the competent authority.

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Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.

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Without going into the merits of the case, the matter is remitted to the respondent no. 1, Principal Secretary, Department of Sugarcane and Sugar Industry, U.P. Lucknow.

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A writ in the nature of mandamus is issued commanding respondent no. 1, Principal Secretary, Department of Sugarcane and Sugar Industry, U.P. Lucknow to execute the following directions:

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(i) The respondent no. 1, Principal Secretary, Department of Sugarcane and Sugar Industry, U.P. Lucknow shall decide the appeal (appended to annexure 8 to the writ petition) within a

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period of four months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the representation and supporting documents, if any. The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

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The issue of maintainability of the appeal shall be decided first by the respondent no. 1/Principal Secretary, Department of Sugarcane and Sugar Industry, U.P. Lucknow before adjudicating the matter on merits.

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With the aforesaid direction the writ petition is disposed of.

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Order Date :- 30.6.2021 Pravin

Chandra Pal Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Chandra Pal Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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