This court granted one opportunity to the petitioner to file a departmental appeal against his termination order, directing the authority to entertain it without raising limitation objections and decide on merits.
One opportunity granted to file departmental appeal under Rule 11 of U.P Govt. Servant Rules, 1999, without objection to limitation.
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Court No. - 36
Case :- WRIT - A No. - 7310 of 2020
Petitioner :- Umanath Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Avneesh Tripathi,Shikhar Tandon Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and learned Standing counsel.
Learned counsel for the petitioner seeks to challenge the termination order on the ground that the petitioner has not been provided due opportunity during the course of departmental enquiry.
After a brief submission, Sri G.K Singh learned senior counsel assisted by Sri Avneesh Tripathi learned counsel for the petitioner states that the petitioner has not been properly advised to avail the remedy of departmental appeal against the order of termination dated 19.7.2020. The period of filing the departmental appeal is 90 days from the date of the order as provided under Rule 11 of The U.P Government Servant (Discipline and Appeal) Rules, 1999.
The prayer of learned senior Advocate is to grant one opportunity to the petitioner to avail the remedy of departmental appeal.
Considering the submissions of learned counsel for the petitioner and having perused the record, this Court is of the considered opinion that one opportunity be granted to the petitioner to avail the remedy of departmental appeal under Rule 11 of The U.P Government Servant (Discipline and Appeal) Rules, 1999.
It is, thus, provided that in case, the petitioner files an appeal, the competent authority shall entertain the same without raising any objection as to the limitation in filing thereof and decide the appeal on merits considering the grounds raised by the petitioner by passing a reasoned and speaking order, in accordance with law.
The writ petition is disposed of.
Order Date :- 11.1.2021/Harshita
1 issue framed by the court
Whether one opportunity be granted to the petitioner to avail the remedy of departmental appeal despite the lapse of the limitation period.
1 provisions across 1 enactments
Umanath Pandey
State Of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
