Allahabad High Court
Jagar Dev Verma (Retired Village ... vs State Of U.P Thru. Prin. Secy. , ... on 3 March, 2022
Bench: Devendra Kumar Upadhyaya, Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 31 of 2022
Appellant :- Jagar Dev Verma (Retired Village Panchayat Adhikari)
Respondent :- State Of U.P Thru. Prin. Secy. , Deptt. Of Panchayat Raj, Civil Secrt. Lko. And Ors
Counsel for Appellant :- Lalendra Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the appellant as also learned counsel representing the State.
This special appeal under the provisions of Chapter VIII, Rule 5 of the Rules of the Court has been filed challenging the judgement and order dated 21.12.2021 passed by learned Single Judge, whereby the Writ Petition No.30064 (S/S) of 2021 filed by the appellant - petitioner has been dismissed.
We may notice that the aforesaid writ petition was filed by the appellant - petitioner challenging the order of reversion, dated 06.09.2008 as also order passed on his appeal preferred against the reversion order, passed by the appellate authority under the U.P. Government Servant (Discipline & Appeal) Rules, 1999, which have been framed under the proviso appended to Article 309 of the Constitution of India.
A issue regarding maintainability of this special appeal has emerged during the course of argument.
Learned counsel for the appellant has placed reliance on a judgement dated 05.05.2017 passed by a Division Bench of this Court in Special Appeal Defective No.248 of 2017; Triyugi Narayan Shahi Vs. State of U.P. & Others and has thus submitted that making reference to the Full Bench judgement of this Court in the case of Sheet Gupta Vs. State of U.P. and Others; 2010 (28) LCD 1045 the Division Bench has held that the special appeal would be maintainable in a case where learned Single Judge exercises his jurisdiction in a writ petition filed against an order passed by some statutory authority upon whom such appellate power/authority is conferred by Rules made under the proviso to Article 309 of the Constitution of India.
On the other hand, learned State Counsel has placed reliance on another Division Bench judgment dated 31.01.2017 passed in Special Appeal No.64 of 2017; Rameshwar Prasad Shukla Vs. State of U.P. and Others, wherein it has clearly been held that the special appeal would not be maintainable where learned Single Judge exercises his jurisdiction in proceedings wherein the orders passed by the appellate authority under the U.P. Government Servant (Discipline & Appeal) Rules, 1999 is challenged.
When we consider the aforesaid arguments, what we find is that the Division Benches in both the cases of Triyugi Narayan Shahi (Supra) and Rameshwar Prasad Shukla (supra) have though referred to the Full Bench judgement in the case of Sheet Gupta (supra), however, in their ultimate analysis both the Division Benches have expressed different opinions about the maintainability of the special appeal.
This case has, thus, raises an issue of seminal importance, which needs consideration and appropriate decision.
In these circumstances, we appoint Shri Dhruv Mathur, Advocate a practicing lawyer of this Court as Amicus to assist the Court in this case.
Learned counsel for the appellant shall furnish complete copy of the paper book to Shri Dhruv Mathur, forthwith.
List this case on 21st March, 2022.
We invite the members of the Bar to address the Court on the next date, if anyone so desires.
When the case is next listed, name of Shri Dhruv Mathur, Advocate shall also be shown in the cause list as Amicus.
Order Date :- 3.3.2022
Anupam S/-
