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RAM IKBAL versus THE STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ram Ikbal v. The State Of U.P. And Others - WRIT - A No. 22590 of 2007 [2007] RD-AH 9254 (15 May 2007)

 

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

Court No.38

Civil Misc. Writ Petition No.22590   of  2007.

Ram Ikbal ...........Petitioner

Versus

The State of U.P & others ...........Respondents.

:::::::::::

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned Standing Counsel. By consent of the parties, the writ petition is being finally disposed of.

By this writ petition, the petitioner has prayed for quashing order dated 7.9.2006 passed by Superintendent of Police  imposing fine of Rs. 500/-.  The petitioner filed an appeal which appeal has been dismissed by the appellate authority vide its order dated 19.2.2007.

The learned counsel for the petitioner contends that appellate authority while dismissing the appeal has observed that appellant has not  submitted the copy of the judgement of the High Court and the  direction which has been referred to in the appeal, hence,  cannot be accepted.

   The learned counsel for the petitioner relying on proviso to Rule 20(7) contended that an opportunity  was required to be given to the petitioner  by the authority for removing the difficulty if any and the appeal could have been dismissed only when  petitioner failed to remove the difficulty.  Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991  pertain to appeal.   Rule 20(4) and Rule 20(7)  which is relevant for the present case are extracted below:

"Rule 20(4) - Every appeal, preferred under these rules  contain al materials, statements, arguments relied on by the Police Officers preferring the appeal, and shall be complete in itself, but shall not contain disrespectful or improper language.  Every appeal shall be accompanied by a copy of final order which is the subject of appeal.

           Rule 20(7) - If the appeal preferred does not comply with the provisions of sub rule (4) the appellate authority may require the appellant to comply with the provisions of the said  sub-rule within one month of the notice of such order to him and if the appellant fails to make the above compliance the appellate authority may dispose of the appeal in the manner as it deems fit."

From perusal of  Rule 20(4) provides  that every appeal preferred under the rules shall contain all materials, statements, arguments relied on by the Police Officers.  Thus petitioner only to submit the copy of decision which was being relied by him.  However  Rule 20(7) provided that if appellant has  failed to comply the provision of sub rule (4), the appellate authority  may require the appellant to comply with the provisions of the said sub rule within one month.  In the case the  appellate authority was of the view that  details relied by the appellant have not been  filed which was  open for him to give a notice to the appellant for comply the provision.  The appellate authority  having dismissed the appeal  without giving any opportunity  as contemplated under sub section (7), ends of justice be served in setting aside the appellate order and directing the appellate authority to decide the appeal as fresh.  The appellant shall along with a copy of this order filed before the appellate authority all the details and materials which are being relied by him in the appeal within one month from today.  The appeal thereafter may be disposed of in accordance with law.  It is made clear that this Court  has neither  examined the merits of the claim nor  is expressing any opinion on the merits of the claim.

The writ petition is disposed of accordingly.

Date 15.5.2007

IB


Copyright

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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