Court No. - 37
Case :- WRIT - A No. - 18128 of 2021 Petitioner :- Ram Kumar Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Vishnu Prakash Srivastava,Ram Singh Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Vishnu Prakash Srivastava, learned counsel for petitioner as well as learned Standing Counsel.
2. By means of the present writ petition, the petitioner has assailed the penalty order dated 14.09.2018.
3. It has been submitted by learned counsel for petitioner that the said impugned order was communicated to the petitioner and he came to know only when the learned Standing Counsel informed the Court about the order during hearing of his earlier Writ -A No. 9909 of 2021 which petition was dismissed as withdrawn with liberty to file a fresh petition and consequently the present fresh petition has been filed.
4. It is noticed that the present petition is against a penalty order for which there is provision for appeal in the relevant rules governing services of the petitioner.
5. At this stage, learned counsel for petitioner submitted that he may be permitted to withdraw this petition with the liberty to file an appeal before the competent authority..
6. Learned Standing Counsel has not objection to the said request.
7. Accordingly, the writ petition is dismissed as not pressed with a liberty to the petitioner to file an appeal before the competent authority and in case the appeal is filed within three weeks from today, the same shall be considered and decided expeditiously, say, within a period of six weeks thereafter in accordance with law.
(Alok Mathur, J.) Order Date :- 20.12.2021 Ravi/-