Court No. - 33
Case :- WRIT - A No. - 4469 of 2021 Petitioner :- Kamlesh Kumar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Mohan Singh,Braj Mohan Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the respondents to consider and decide petitioner's appeal.
An order rejecting payment of arrears of salary was passed against the petitioner on 08.01.2011. An appeal apparently was presented against this order in the month of March, 2011. Since the appeal has not been decided, the petitioner is before this Court.
A counter affidavit has been filed, in which filing of appeal is admitted. However, it is stated that there was some delay and authorities granted time to the petitioner to file medical prescription/medical report to substantiate delay.
The appeal has been filed within a period of two months from the date of passing of the order itself. In such, circumstances, there was no justification for the authorities to insist upon filing of medical prescription to explain the delay in filing of appeal. So far as unauthorized absence is concerned, it was always open for the authorities to examine the petitioner's defence in light of the documents placed on record along with appeal. The appeal itself cannot be kept pending for a period of nearly 10 years.
Writ petition is, therefore, disposed of with a direction upon the respondent no 3 to consider and decide the petitioner's appeal by passing a reasoned order in light of the above observations/directions, within a period of three months from the date of presentation of a copy of this order.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 29.7.2021 Pkb/