Yogendra Kumar Pandey vs U.O.I. Thru. Secy. Defence (Crpf) ...
2021 Latest Caselaw 6737 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 213 of 2021
 

 
Appellant :- Yogendra Kumar Pandey
 
Respondent :- U.O.I. Thru. Secy. Defence (Crpf) New Delhi & Others
 
Counsel for Appellant :- Dadu Ram Shukla (D.R. Shu,Navita Sharma
 
Counsel for Respondent :- A.S.G.
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

The case is taken up through video conferencing.

Heard Mr. Dadu Ram Shukla, learned counsel for appellant as well as Ms. Pushpila Bisht, learned counsel for respondents no. 1, 2, 3, 5 and 6. For the order proposed to be passed, notice to respondent no. 4 is dispensed with.

This intra Court appeal has been filed challenging the judgment and order dated 15.6.2021 passed in Writ Petition No. 11635 (SS) of 2021 whereby the writ petition preferred by the appellant-petitioner, namely, Yogendra Kumar Pandey has been dismissed on the ground of availability of alternative remedy to appellant-petitioner under relevant service rules.

We have considered the submissions made by the learned counsel for the appellant as well as learned counsel for respondents and gone through the record.

We do not find any infirmity or illegality in the view taken by the learned Single Judge, as such, no need for us to grant indulgence in this special appeal.

The special appeal is accordingly dismissed.

However, it is observed that in case the time granted for filing of departmental appeal by the writ Court has expired, the same shall stand extended for a period of 30 days from today.

Ms. Pushpila Bisht, learned counsel for respondents has informed that the statutory period for filing appeal against punishment order under Rule 28 of the Central Reserve Police Force Rules, 1955 is 30 days. Under Rule 29 of the Rules the delinquent employee can thereafter prefer revision to the next higher authority.

It is the admitted fact that the appellant-petitioner has not availed the statutory departmental remedy as noted above and has filed the writ petition directly under Article 226 of the Constitution of India.

We also observe that the appellant-petitioner would be at liberty to take all the grounds in his appeal which he has taken in the writ petition and the appellate authority while deciding the appeal shall not be influenced by any of the observations made by the writ Court or this Court. It is expected that the appeal of the appellant-petitioner is considered and decided by the competent authority in accordance with law, expeditiously, in a time bound manner.

Order Date :- 29.6.2021

Santosh/-