Heard Sri Rajesh Chandra Sinha, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has assailed the order dated 02.02.2018, passed by the Superintendent of Police, district-Jaunpur, whereby the petitioner has been awarded minor punishment of censure entry in the year 2017.
At the out set, objection has been raised by Sri A.P. Singh, learned Additional Chief Standing Counsel regarding maintainability of the writ petition by submitting that against the minor punishment order the petitioner should prefer a statutory appeal before the Appellate Authority, thereafter he can prefer revision before the Revisional Authority and thereafter the petitioner may approach the State Public Service Tribunal, therefore, ignoring the statutory alternative remedy the petitioner has approached this Court under Article 226 of the Constitution of India, so the writ petition may be dismissed on the ground of alternative remedy.
On being asked from learned counsel for the petitioner about the aforesaid objection, he has respectfully submitted that it is true that the petitioner should first approach the authority of the department but on account of unavoidable circumstances he could not approach the Appellate Authority well in time. Therefore, liberty may be granted to the petitioner to approach the Appellate Authority and the Appellate Authority may be directed to consider the statutory appeal of the petitioner on merit ignoring the factum of laches.
Considering the fact that the petitioner being Class-III employee and could not file the statutory appeal within time prescribed under the rules, therefore, liberty is granted to the petitioner to prefer a statutory appeal before the Appellate Authority indicating the reasons as to why he could not approach the Appellate Authority well within time and the Appellate Authority shall first consider the contents of the petitioner regarding the delayed approach to the Appellate Authority and thereafter shall decide the appeal on merit. The petitioner may file the statutory appeal along with an application seeking condonation of delay within a period of seven days from today and if such appeal along with application is preferred by the petitioner within the aforesaid stipulated time, the Appellate Authority shall consider and decide the same, strictly in accordance with law, and if the Appellate Authority finds that the delay is liable to be condoned, he may condone the delay and decide the appeal on merit but with expedition, preferably, within a period of two months from the date of filing of such appeal and the decision thereof shall be communicated to the petitioner forthwith.
Accordingly, the writ petition is disposed of finally.
Order Date :- 30.8.2019 Suresh/ [Rajesh Singh Chauhan,J.]