Ram Bahadur Singh Vs State of U.P. Thru. Prin. Secy. Transport Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ram Bahadur Singh Vs State of U.P. Thru. Prin. Secy. Transport Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with consent: petitioner left free to file an appeal against the punishment order dated 04.02.2025 before the appellate authority within two weeks; appellate authority to decide the appeal in accordance with law and relevant rules within six weeks of filing (with certified copy of this order) and to consider any stay application filed therewith within ten days.

Issue for consideration

Whether the petitioner's grievance against the punishment order dated 04.02.2025 should be pursued through the statutory remedy of appeal before the appellate authority rather than by direct adjudication of the punishment order by this Court. +1 more

Court's answer

The Court noted that against the punishment order dated 04.02.2025 the petitioner has a statutory remedy of filing an appeal before the appellate authority, and accordingly did not adjudicate the punishment order itself.

Ratio / Principle

With the consent of the contesting parties the writ petition was finally disposed of, leaving it open to the petitioner to file an appeal against the punishment order dated 04.02.2025 before the appellate authority within two weeks.

Key takeaways

If such an appeal is filed, the appellate authority shall decide it in accordance with law and the relevant rules within six weeks from the date of filing of the appeal together with the certified copy of this order.ratio¶10
It is open to the petitioner to file an application for stay along with the appeal, which the appellate authority shall consider within ten days of the application being filed along with the appeal.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 5) | WRIT - A No. - 2598 of 2025 | Decided 06.03.2025 | Hon'ble Abdul Moin, J. | Ram Bahadur Singh v. State of U.P. thru Prin. Secy., Transport Deptt., Lko. & 3 Others. Petitioner, aggrieved by a punishment order dated 04.02.2025 (annexure 1 to the writ petition) and apprehending recovery of the amount from his salary during pendency of an appeal, sought intervention of the Court. With the consent of contesting parties the writ petition was finally disposed of: petitioner left open to file a statutory appeal before the appellate authority within two weeks; appellate authority directed to decide the appeal in accordance with law and relevant rules within six weeks of filing along with certified copy of the order; any stay application filed with the appeal to be considered within ten days. No statute or precedent cited; disputed recovery amount never quantified; issuing authority of the punishment order not identified.

Neutral Citation No. - 2025:AHC-LKO:13609

Court No. - 5

Case :- WRIT - A No. - 2598 of 2025

Petitioner :- Ram Bahadur Singh Respondent :- State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 3 Others

Counsel for Petitioner :- Diwakar Pratap Pandey,Shyam Narayan Shukla Counsel for Respondent :- C.S.C.,Ratnesh Chandra

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Manav Rathore, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for the respondents no. 2 to 4.

With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

Admittedly, against the order of punishment dated 04.02.2025, a copy of which is annexure 1 to the writ petition, the petitioner has a statutory remedy of filing of an appeal before the appellate authority. However, the petitioner apprehends that during pendency of the appeal, the amount shall be recovered from the salary of the petitioner.

Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appeal against the punishment order dated 04.2.2025 before the appellate authority within a period of two weeks from today. In case, such an appeal is filed before the appellate authority then the appellate authority shall proceed to decide the said appeal in accordance with law and the relevant rules which appeal would be decided within a period of six weeks from the date of filing of the said appeal along with the certified copy of this order.

It would also be open for the petitioner to file an application for stay along with the appeal which would be considered by the appellate authority within a period of ten days of the said application being filed along with the appeal.

Order Date :- 6.3.2025 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench