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GIRISH CHAND SHARMA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Girish Chand Sharma v. State Of U.P. And Others - WRIT - A No. 9184 of 2006 [2006] RD-AH 3795 (17 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

This writ petition is directed against an order passed by the Revisional Authority namely Inspector General of Police (Railways), Allahabad dated 25.10.2005 whereby the revision filed by the petitioner against the order of minor punishment has been rejected on the ground that the same is barred by limitation by nine days.

I have heard counsel for the petitioner and gone through the records of the present writ petition.

In the opinion of the Court The Inspector General of Police has adopted an hyper technical attitude for rejecting the revision.  It would have been fair and just to condone the delay of nine days, such a course has not been followed. This Court is of the opinion that  interest of justice demands the revision of the petitioner be heard and decided on merits instead of, the same being dismissed on technicalities.

Accordingly the impugned order dated 25.10.2005 is hereby quashed.  Respondent no. 2 is directed to decide the revision on merits strictly in accordance with law, by means of a reasoned speaking order, preferably within four weeks from the date a certified copy of this order is filed before him.

Writ petition is allowed.

Dated: 17.2.2006

V.R./9184/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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