WRIT - A No. 5993 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:71333 Court No. - 4 Case :- WRIT - A No. - 5993 of 2025 Petitioner :- Nurulain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner as well as Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 25.02.2025, whereby, a penalty of recovery has been imposed upon him pursuant to the disciplinary proceedings drawn against him and having found petitioner guilty in in the departmental inquiry. Learned Additional Chief Standing Counsel on the contrary raises preliminary objection as to the maintainability of this petition at this stage that petitioner has an alternative efficacious remedy of appeal under Rule 11 of U.P. Government Servant (Discipline and Appeal) Rules, 1999. Meeting the preliminary objection raised by learned Additional Chief Standing Counsel, Mr. Awasthi sought to urge that since in the departmental inquiry petitioner had not been