The State Of Up And 3 Others vs Ram Bresh Yadav
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Allahabad High Court

The State Of Up And 3 Others vs Ram Bresh Yadav on 29 February, 2024

Author: Ashwani Kumar Mishra

Bench: Ashwani Kumar Mishra

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:36323-DB
 
Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 138 of 2024
 

 
Appellant :- The State Of Up And 3 Others
 
Respondent :- Ram Bresh Yadav
 
Counsel for Appellant :- Kunal Ravi Singh,Tej Bhanu Pandey
 
Counsel for Respondent :- Vinod Kumar Mishra
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Sri T.B. Pandey for the appellants and Sri Vinod Kumar Mishra for the respondent-petitioner.

In re: Civil Misc. Delay Condonation Application

Delay in filing of the special appeal is explained to the satisfaction of the Court. The delay in filing of the appeal is condoned. The appeal is treated to be filed within time.

The delay condonation application is, accordingly, allowed.

Office is directed to allot the regular number to this appeal.

Order on Appeal

1. Learned Single Judge has given elaborate reasons to interfere with the order of dismissal passed against the respondent-petitioner without holding any enquiry. The employer has invoked the powers under the proviso to Rule 8(2(b) of U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991. Learned Single Judge has returned a specific finding that no reasons are given in the order to arrive at the conclusion that holding of enquiry is no more reasonably practicable. Reliance is placed upon the Division Bench judgment of this Court in Yadunath Singh vs. State of U.P. & Others; 2009(9) ADJ 86, wherein reliance has been placed upon the judgment of Hon'ble Supreme Court in the case of Union of India and another vs. Tulsi Ram Patel; (1985) 3 SCC 398.

2. In the facts of the case, we find that the conclusion drawn by the learned Single Judge is clearly based upon consideration of relevant factors and is in accordance with the judgment of Hon'ble Supreme Court in the case of Tulsi Ram Patel (supra). Liberty otherwise has been granted to the appellant to proceed afresh in accordance with law and pass an appropriate order.

3. In that view of the matter, there is no good ground to interfere with the judgment of the learned Single Judge. The special appeal, accordingly, fails and is dismissed.

Order Date :- 29.2.2024

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