Constable Naresh Kumar Singh vs State Of U.P.Through Secretary ...
2012 Latest Caselaw 641 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- SERVICE SINGLE No. - 7555 of 2005
 
Petitioner :- Constable Naresh Kumar Singh
 
Respondent :- State Of U.P.Through Secretary Home And 5 Others
 
Petitioner Counsel :- Rajesh Singh Chauhan,Benkat Raman Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ritu Raj Awasthi,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel. 

The writ petition was filed in the year 2005 challenging the order dated 19.10.2005 by which the opposite parties had taken a decision that the petitioner would be entitled to get only subsistence allowance during the period of suspension.  During pendency of the writ petition, the petitioner by way of amendment application has challenged the punishment order dated 19th October, 2005 whereby he was awarded punishment of reducing him to minimum pay-scale for one year. 

Learned counsel for petitioner submits that inadvertently by mistake, the punishment order dated 19th October, 2005 could not be challenged at the time of filing the writ petition, although pleadings were made in this regard.

I have considered the submissions made by the parties' counsel. 

Admittedly, the petitioner has a departmental remedy under Uttar Pradesh Subordinate Police Officers/Employees (Punishment and Appeal) Rules, 1991, which he has not availed.

Since the writ petition remained pending from 2005, as such, it would be expedient that the petitioner be permitted to avail the departmental remedy of appeal as provided under Rule 20 of the Uttar Pradesh Subordinate Police Officers/Employees (Punishment and Appeal) Rules, 1991.

In this view of the matter, the writ petition is finally disposed of  with the observation that in case the petitioner prefers any appeal against the impugned punishment order dated 19th October, 2005 within a period of 15 days from today, the same shall be considered and decided by the Appellate Authority, in accordance with law, on merits and appropriate orders shall be passed.

With the aforesaid observation, the writ petition is disposed of.

Order Date :- 23.4.2012

Nitesh