Harish Kumar Singh vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

Harish Kumar Singh vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner to prefer statutory appeal under the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991 within four weeks with certified copy of the order; appellate authority to decide the appeal on merits ignoring the lapse of time, within a further period of two months, strictly adhering to the prescribed procedure and principles of natural justice, and passing a reasoned and speaking order.

Issue for consideration

Whether the twin punishment orders dated 16.08.2020 (dismissal from service and denial of salary for the suspension period on No Work No Pay principles) are bad in law, having been inflicted during the Covid-19 pandemic period. +1 more

Ratio / Principle

The petition stands disposed of with a direction to the petitioner to file a statutory appeal under the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991 within four weeks, and if such appeal is filed, the appellate authority shall decide it on merits ignoring the delay, within a further period of two months.

Key takeaways

While disposing of the appeal, the procedure prescribed under the relevant rules shall be strictly adhered to, the disposal shall conform to the principles of natural justice, and the appellate authority's order shall be reasoned and speaking.ratio¶12

Detailed headnote1 paragraphs

Writ-A petition under Article 226 challenged two punishment orders of the disciplinary authority both dated 16.08.2020 - one dismissing the petitioner (a police officer) from service and the other denying salary for his suspension period on No Work No Pay principles for absence despite attachment, said to fall in the Covid-19 period. The time for statutory appeal under the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991 had lapsed. Held: petition disposed of with direction to file the statutory appeal within four weeks; appellate authority to decide it on merits ignoring the delay within a further two months, strictly following the prescribed procedure, observing principles of natural justice, and passing a reasoned and speaking order.

Neutral Citation No. - 2025:AHC:83101

Court No. - 4

Case :- WRIT - A No. - 6921 of 2025

Petitioner :- Harish Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- C.S.C.

Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel.

By means of this petition filed under Article 226 of the Constitution, petitioner has challenged two orders of punishment passed by the disciplinary authority in the same date i.e. 16.08.2020 one inflicting punishment of dismissal from service and the other denying payment of salary for the period petitioner had remained under suspension on principles of No Work No Pay as he remained absent despite attachment.

Learned counsel for the petitioner contends that this relates to the covid period when the entire country hit by pandemic Covid-19 and accordingly the indictment of punishment is bad in law.

Learned Standing Counsel submits that petitioner may avail the remedy of appeal in the first instance.

Learned counsel for the petitioner in reply submits that the time for appeal as prescribed under the rules has already lapsed and accordingly, this Court may direct the appellate authority to decide the appeal on merits ignoring the delay.

In view of the above, this petition stands disposed of with a direction to the petitioner to prefer a statutory appeal before the appellate authority under the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991 within a period of four weeks from today along with the certified copy of this order and in the event such appeal is filed, as directed herein above, the appellate authority shall decide the appeal on merits ignoring the delay that has got caused in preferring the statutory appeal and decide the same within a further period of two months. It is further provided that the procedure prescribed for disposal of appeal under the relevant rules shall be strictly adhere to and the procedure adopted in disposal of appeal shall also be in consonance of the

principles of natural justice and the order to be passed by the appellate authority shall be reasoned and speaking one.

Order Date :- 19.5.2025 IrfanUddin

Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad