Ankur Singh v. State of Up and 4 Others

Court No. - 5

Case :- WRIT - A No. - 19059 of 2024

Petitioner :- Ankur Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Divyanshu Nandan Tripathi,Utkarsh Khanna Counsel for Respondent :- C.S.C.,Satish Chaturvedi

Hon'ble J.J. Munir,J.

Heard Mr. Divyanshu Nandan Tripathi along with Mr. Utkarsh Khanna, learned Counsel appearing on behalf of the petitioner in support of the motion to admit this petition to hearing and Mr. Satish Chaturvedi, learned Counsel appearing on behalf of the respondents.

It is submitted by Mr. Satish Chaturvedi that this petition by the petitioner is premature because the petitioner has only been given a notice of enhancement of penalty by the Appellate Authority upon the petitioner preferring an appeal from the order of the Disciplinary Authority. The course open to the petitioner is to file objections to the notice and await the outcome of the Appellate Authority's decision. There is then a provision for review under the Rules as well.

It is next submitted that the earlier writ petition that was filed by the petitioner at the stage of disciplinary proceedings was for a similar relief, inasmuch as it was filed against a tentative order of punishment. That petition was dismissed as withdrawn because no final order had been passed. Now, that the Disciplinary Authority has passed the final order and there is a notice of enhancement from the Appellate Authority, the petitioner is in the same position and has again raised a premature challenge.