Court No. - 36
Case :- WRIT - A No. - 12750 of 2021 Petitioner :- Raj Kishan Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Umendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State- respondents.
Learned counsel for the petitioner submitted that petitioner is working on the post of Safai Karmi and after enquiry, he was awarded punishment of detaining one increment permanently vide order dated 16.05.2011. Against the said order, he has preferred appeal under Section 11(4) of U.P. Sarkari Sewak (Anushahan Evam Appeal) Niymawali, 1999 (hereinafter referred to as "Niymawali, 1999") before respondent no. 3 on 21.12.2017, which was rejected in mechanical manner on the ground of delay vide order dated 07.09.2018 mentioning therein that Niymawali, 1999 provides 90 days time to file appeal against the order of punishment.
Being confronted by the Court, learned counsel for the petitioner could not explain any reason for delay. Further, neither he annexed the copy of representation/ appeal dated 21.12.2017 moved before respondent no. 2 nor explain any reason in writ petition for inordinate delay in filing appeal after more than seven years. Therefore, I found no illegality in the appellate order dated 07.09.2018 passed by respondent no. 3 affirming the impugned order dated 16.05.2011 passed by respondent no. 5.
Petition lacks merit and is, accordingly, dismissed. No order as to costs.
Order Date :- 23.9.2021 Arvind