Heard learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the order impugned dated 14.10.2020 passed by the third respondent. With a further request commanding the third respondent to conduct proper and fair inquiry in respect of false allegation of financial irregularities committed by the petitioner.
It appears from the record that the petitioner who is a Village Development Officer in Development Block Madnapur, Shahjahanpur. The petitioner being aggrieved by the order dated 5.5.2016 passed by District Development Officer, Shahjahanpur which imposes several punishment has preferred Civil Misc. Writ Petition No. 39158 of 2017 before this Court. The said writ petition was dismissed by this Court vide order dated 29.8.2017 on the ground of remedy of filing an appeal against the order of punishment. It has also been observed by this Court while dismissing the writ petition that in case, there is any delay in filing the appeal, it is always open for the petitioner to make an application for condoning the delay before the authority concerned. In pursuance of the order dated 29.8.2017, the petitioner has preferred application/appeal dated 4.10.2017 before the Chief Development Officer, Shahjahanpur. Once the said application/appeal was not decided well within time, he has approached to this Court by preferring Writ A No. 3282 of 2020. The same was disposed of vide order dated 3.3.2020 directing the Chief Development Officer, Shahjahanpur to decide the application/appeal dated 4.10.2017 expeditiously, preferably within a period of two months. The Correction Application No. 2 of 2020 was also allowed by this Court vide order dated 10.7.2020. In response thereof, the Chief Development Officer, Shahjahanpur has passed the order impugned rejecting the appeal of the petitioner on the ground of delay. Hence, this writ petition.
Learned counsel for the petitioner vehemently contended that admittedly in response to the leave accorded by this Court order dated 29.8.2017 in Civil Misc. Writ Petition No. 39158 of 2017, the petitioner has preferred application/appeal dated 4.10.2017 and while passing the order dated 3.3.2020, this Court has again asked the Chief Development Officer, Shahjahanpur to decide the appeal expeditiously. In such situation, the application/appeal has to be decided on merit but in most arbitrary manner, the appeal has been rejected by the order impugned on the ground of delay and laches.
So far as the factual and legal aspect, the same is not disputed by learned Additional Chief Standing Counsel.
The Court has proceeded to examine the record in question and finds admittedly the appeal was preferred in the year 2017 in response to the leave accorded by this Court while dismissing the aforementioned writ petition vide order dated 29.8.2017. Again, Writ A No. 3282 of 2020 was entertained disposed of consciously by the Court to decide the appeal on merit otherwise the ground for rejection on delay and laches was very much available before the Court concerned. In such situation, it was duty cast upon the appellate authority to decide the appeal on merit.
In the facts and circumstances and in the interest of justice, the Court is of the considered opinion that the order impugned cannot sustain and the same is hereby set aside. The matter is relegated to the appellate authority to decide it afresh on merit but certainly after affording opportunity to all stakeholders in the matter. The said exercise is to be done within two months from the date of production of a copy of this order.
The writ petition is accordingly allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.8.2021 A.K.Srivastava