Allahabad High Court
Nanhe Ahmad Siddiqui vs State Of U.P. And 3 Others on 27 July, 2021
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- WRIT - A No. - 8481 of 2021
Petitioner :- Nanhe Ahmad Siddiqui
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rashid Ali,Shiv Bahadur Singh
Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
The petitioner was working in the office of Sub Divisional Officer, District Sonbhadra. It appears that disciplinary proceeding was drawn against the petitioner in which he was awarded punishment by order dated 30.03.2020 passed by the respondent no.2-District Magistrate, Sonbhadra. Against the said order, petitioner preferred a Statutory Appeal before the Divisional Commissioner on 24.04.2021, which has been dismissed by the Divisional Commissioner on 15.05.2021, copy of which has been annexed as Annexure-11 to the writ petition.
The appeal preferred by the petitioner has been rejected on the sole ground that the appeal is barred by time, inasmuch as under Rule 11 of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as 'the Rules'), the period of limitation for filing the appeal is 90 days and in the present case, the punishment order has been passed on 30.3.2020, whereas the appeal has been instituted on 24.04.2021, thus, the appeal has been filed beyond period of limitation of 90 days, as provided under Rule 11 of the Rules.
Challenging the order of the appellate Court, learned counsel for the petitioner submitted that by the judgement in Suo Motu Writ Petition (Civil) No.3 of 2020 (In Re: Cognizance for Extension of Limitation), the Apex Court has held that in computing the period of limitation for any appeal, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021
He submits that in the present case, the punishment order has been passed on 30.03.2020 and therefore, in view of the judgement of the Apex Court in the aforesaid Suo Motu writ petition (supra) in para- 2 (1), the period of limitation from 15.03.2020 till 14.03.2021 is excluded. Hence, in the present case, as the punishment order has been passed on 30.03.2020, therefore, 90 days period for computing the period for filing the appeal would begin from 15.3.2021 and, thus, the appeal having been filed by the petitioner on 24.04.2021, the same was filed within time as provided under Rule 11 of the Rules. Thus, the order impugned on the face of record is illegal and not sustainable and is in the teeth of the aforesaid judgment of the Apex Court passed in Suo Motu writ petition (supra).
Learned Standing Counsel could not point out from the record that any other reason has been assigned by the appellate court while rejecting the appeal except the ground of limitation.
Since, the Apex Court has excluded the period from 15.3.2020 till 14.3.2021 and in the present case the punishment order dated 30.3.2020 and, therefore, in view of the judgment of the Apex Court the limitation would begin for filing the appeal from 15.3.2021 and the appeal having been filed on 24.04.2021, the same is within the period of limitation. Therefore, the reason assigned for rejecting the appeal is misconceived and not sustainable in law. Accordingly, this Court finds that the order impugned is not sustainable.
In such circumstances, this petition succeeds and is allowed. The order impugned dated 15.05.2021, passed by respondent no.3- Divisional Commissioner, Vindhyachal Region, Mirzapur is accordingly quashed.
The matter stands remitted to the appellate authority to dispose of the appeal preferred by the petitioner afresh, expeditiously, preferably within a period of four months from the date of production of a copy of this order downloaded from the official website of Allahabad High Court, in accordance with law.
Order Date :- 27.7.2021
NS
