Court No. - 5
Case :- WRIT - A No. - 5303 of 2021 Petitioner :- Anand Kumar Kashyap Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
Petitioner a class-IV employee (Safai Karmi), by the instant writ petition is assailing the order dated 07.09.2018 passed by the second respondent, Deputy Director, Panchayat, Bareilly Mandal, Bareilly dismissing the appeal of the petitioner under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 on the ground of latches.
Having due regard to the fact that the petitioner is an illiterate class-IV employee, it would be in the interest of justice that his appeal be considered and decided on merit.
Accordingly, the impugned order dated 07.09.2018 passed by second respondent is set aside and quashed.
The second respondent, Deputy Director, Panchayat, Bareilly Mandal, Bareilly is directed to consider and decide the appeal of the petitioner afresh on merit by passing a reasoned and speaking order, preferably, within two months from the date of filing of copy of this order downloaded from the official website of High Court, Allahabad along with the copy of the writ petition.
With the aforementioned observations/directions, the writ petition stands disposed of.
Order Date :- 28.7.2021 Sattyarth