Writ petition challenging a major penalty order. The court declined to interfere, directing the parties to file a statutory appeal under U.P. Police Rules, 1991, before the High Court later.
Stay of penalty supervision; direction to dispose statutory appeal within two months of filing.
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Neutral Citation No. - 2023:AHC:221961
Court No. - 34
Case :- WRIT - A No. - 17512 of 2023
Petitioner :- Vinod Kumar Dhaka Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atipriya Gautam,Madhaw Pandey,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
The petitioner is aggrieved by an order dated 28th February, 2023, by which major penalty has been imposed.
Learned Standing Counsel submits that petitioner has an alternative efÏcacious remedy of statutory appeal vide Rule 20 of U. P. Police OfÏcers of Subordinate Rank (Discipline and Appeal) Rules, 1991.
Learned counsel for the petitioner does not dispute the same.
In view of above, while I decline to interfere with the order of punishment impugned herein this petition, I hereby direct that in the event petitioner files statutory appeal within a period of four weeks from today, the same shall be disposed of in accordance with law within a further period of two months by means of reasoned and speaking order.
Order Date :- 22.11.2023 Sanjeev
Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere with an order imposing a major penalty when the petitioner has an alternative statutory appeal available.
2 provisions across 2 enactments
Vinod Kumar Dhaka
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
