Court No. - 38
Case :- WRIT - A No. - 11267 of 2019 Petitioner :- Ram Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No.3258 of 2019, which was dismissed vide following orders passed on 28.2.2019:-
"Undisputedly against the order impugned passed on culmination of the disciplinary proceedings, the petitioner has a statutory remedy of filing an appeal under Rule 11 of the UP Government Servant (Discipline and Appeal) Rules, 1999.
The writ petition is dismissed on the ground of alternative remedy."
It is asserted that appeal has been preferred by the petitioner on 3.4.2019. Grievance is that appeal has not been decided and recovery is being affected.
Learned Standing Counsel submits that petitioner's appeal shall be examined by the authority competent, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to decide petitioner appeal filed on 3.4.2019, by way of a reasoned order, in accordance with law, within a period of three months from the date of presentation of certified copy of this order. It shall be open for the petitioner to annex copy of memo of appeal alongwith certified copy of this order and submit the same in the office of respondent no.2, within two weeks from today.
Order Date :- 30.7.2019 Ashok Kr.