Deependra Kumar Vs State of Up and 2 Others — Allahabad HC (2026) — LawSathi Research

Deependra Kumar Vs State of Up and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file statutory appeal under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991 before the Appellate Authority within three weeks along with certified copy of the order; Appellate Authority directed to decide the appeal within the next three months strictly in accordance with law.

Issue for consideration

Whether the writ petition challenging the punishment order dated 07.02.2026 is maintainable when an alternative statutory remedy of appeal before the Appellate Authority under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991 is available.

Court's answer

The writ petition is dismissed on the ground of availability of statutory remedy (appeal under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991), a fact admitted by learned counsel for the petitioner.

Ratio / Principle

If the petitioner files a statutory appeal under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991 before the Appellate Authority within three weeks from the date of the order along with a certified copy of the order, the Appellate Authority shall decide the same within the next three months strictly in accordance with law.

Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction (Writ - A No. 5563 of 2026, decided April 20, 2026, Prakash Padia, J., High Court of Judicature at Allahabad) challenging a punishment order dated 07.02.2026 passed by the Deputy Police Commissioner, Head Quarter Commissionerate, Agra (respondent no.3): dismissed on the ground of availability of an alternative statutory remedy, namely an appeal before the Appellate Authority under Rule 20 of The Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991, the availability of such remedy being admitted by learned counsel for the petitioner. Liberty granted to file the statutory appeal within three weeks with a certified copy of the order; the Appellate Authority to decide it within the next three months strictly in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 5563 of 2026

Deependra Kumar

.....Petitioner(s)

Versus

State Of Up And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Divya, Veerendra Kumar Shukla
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

The punishment order dated 07.02.2026 passed by the respondent no.3/Deputy Police Commissioner, Head Quarter Commissionerate, Agra is under challenge.

Today when the matter is taken up, a preliminary objection has been raised by learned Standing Counsel that against the order impugned, an alternative remedy is available to the petitioner to file appeal before the Appellate Authority as provided under Rule 20 of The Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991 and the present petitioner is not maintainable.

This fact is also admitted by learned counsel for the petitioner.

Accordingly, the writ petition is dismissed on the ground of availability of statutory remedy.

Needless to say that in case, the petitioner will file statutory appeal Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991 before the Appellate Authority within three weeks from today along with certified copy of this order. In case the petitioner does so, the Appellate Authority will decide the same

WRIA No. 5563 of 2026

2

(Prakash Padia,J.)

within next three months strictly in accordance with law.

April 20, 2026

saqlain

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad