Court No. - 38
Case :- WRIT - A No. - 14852 of 2019 Petitioner :- Upendra Kumar Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Chandra Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Against the order awarding censure entry to the petitioner, he initially filed writ petition No.11684 of 2018 before this Court, which was dismissed on the ground of alternative remedy of preferring an appeal. The petitioner thereafter preferred an appeal, which has been rejected on the ground of delay.
Learned counsel for the petitioner states that delay was caused as the petitioner was pursuing writ proceedings before this Court, and therefore rejection of application for condonation of delay is wholly unsustainable.
Petition is opposed by learned Standing Counsel for the State.
In the facts and circumstances, this Court finds that a plausible explanation for delay has been placed before the authority concerned and the rejection of delay condonation application, in the facts and circumstances, is not found to be just and proper. The appellate authority was expected to have examined the petitioner's appeal on merit, once it was brought to his notice that petitioner had filed writ petition, which has been dismissed on account of alternative remedy and only thereafter appeal was filed. The order passed by the appellate authority rejecting petitioner's appeal, therefore, cannot be sustained and is set aside.
Matter stands remitted to the appellate authority for considering the petitioner's claim on merits, in appeal, in accordance with law.
Writ petition, accordingly, stands disposed of.
Order Date :- 27.9.2019 Anil