Anil Kumar Singh vs Union Of India And 4 Others
2023 Latest Caselaw 1041 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 16098 of 2022
 

 
Petitioner :- Anil Kumar Singh
 
Respondent :- Union Of India And 4 Others
 
Counsel for Petitioner :- Surendra Kumar Mishra
 
Counsel for Respondent :- A.S.G.I.,Sudarshan Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for State-respondents.

Pursuant to the order dated 04.01.2023, learned counsel for petitioner has produced judgments of Apex Court as well as this Court in the matters of Shanti Devi @ Shanti Mishra vs. Unior of India and others; 2020 0 SSC 650, Nawal Kishore Sharma vs. Union of India and others; 2014 0 SSC 572 & Manish Kumar Mishra vs. Union of India and Ors.; 2020 0 Supreme(All) 592. I have perused the judgments. In light of law laid down by the Apex Court as well as this Court, writ petition is maintainable.

Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner may be permitted to move representation respondent No. 3. Lastly, it is submitted that a direction may be issued to respondent No. 3 to decide the representation within a stipulated time.

Learned standing counsel submitted that in case any such representation is filed, the same shall be considered and decided at the earliest.

In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 3 within two weeks from today. In case any such representation is filed, respondent No. 3 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No.3 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 10.1.2023

Sartaj