Court No. - 36
Case :- WRIT - A No. - 11178 of 2019 Petitioner :- Rajesh Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B. Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Misra,Vivek Saran
Hon'ble Mrs. Sunita Agarwal,J.
Civil Misc. Amendment Application No. of 2019 The amendment application filed today is taken on record.
There is no objection to the amendment application by Sri Sunil Kumar Misra learned counsel for the respondent.
Amendments are formal in nature.
The amendment application is allowed.
Let the necessary incorporation be made within the course of the day.
Order Date :- 26.8.2019 Himanshu
Court No. - 36
Case :- WRIT - A No. - 11178 of 2019 Petitioner :- Rajesh Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B. Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Misra,Vivek Saran
Hon'ble Mrs. Sunita Agarwal,
At the outset, learned counsel for the respondent submits that the petitioner has an alternative statutory remedy of filing appeal before the next higher authority.
The said submissions could not be disputed by learned counsel for the petitioner.
At this stage, learned counsel for the petitioner submits that the petitioner proposes to file departmental appeal but he may not turn away on the ground of limitation.
In view thereof, the writ petition is being disposed of with the direction that in case, the petitioner files a departmental appeal within a period of three weeks from today alongwith certified copy of this order, the competent authority shall decide the appeal on merits without raising any objection as to the limitation in filing thereof as expeditiously as possible, preferably, within a period of three months from the date of filing thereof.
Order Date :- 26.8.2019 Himanshu