A plea by a petitioner that pendency of a promotion appeal bars his consideration for promotion under Article 16. The court directed the corporation to decide the appeal within three weeks and file the order.
The appeal against punishment to be decided within three weeks; a copy to be filed via affidavit on 13.01.2025.
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Court No. - 5 Case :- WRIT - A No. - 19882 of 2024 Petitioner :- Dhananjay Kumar Devras Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- Abhishek Srivastava,C.S.C.,Kartikeya Saran
Hon'ble J.J. Munir,J.
An appeal against the order of punishment passed by the Managing Director, U.P. Power Corporation Limited, Lucknow on 01.06.2024 is pending before the Chairman of the said Corporation since 28.08.2024.
The contention of the learned Counsel for the petitioner is that on account of the pendency of this appeal, the petitioner is losing his prospect to be considered for promotion which is a right guaranteed by Article 16 of the Constitution.
Be that as it may. Let the appeal be decided within three weeks and a copy of the order passed by the Chairman, U.P. Power Corporation Limited, Lucknow, deciding the petitioner's appeal, filed before the Court through an affidavit sworn by a responsible officer of the Corporation. The affidavit shall be filed on or before 13.01.2025.
Lay as fresh on 13.01.2025.
Let this order be communicated to the Chairman, U.P. Power Corporation Limited, Lucknow through the Civil Judge (Senior Division), Lucknow by the Registrar (Compliance) within 24 hours.
Order Date :- 12.12.2024 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the pendency of an appeal against punishment bars the petitioner's consideration for promotion guaranteed under Article 16.
Dhananjay Kumar Devras
State of U.P.
J.J. Munir
As recorded by the court registry
2 orders share this CNR
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