Allahabad High Court
JAY PRAKASHversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The appeal is dismissed as not pressed, with liberty granted to the appellant to challenge the penalty order.
Summary
The appellant, Jay Prakash, filed a special intra‑Court appeal challenging a penalty imposed on him in disciplinary proceedings that had concluded during the pendency of the appeal. The appellant sought leave of the High Court to contest the penalty order. The respondent State of U.P. and others did not oppose the prayer. The Court observed that the appeal was not actively pressed and therefore dismissed it, but granted the appellant liberty to assail the penalty order separately. The dismissal was on procedural grounds, not on merits of the disciplinary action.
Issues considered
- Whether an intra‑Court appeal can be pressed after the disciplinary proceedings have concluded
- Whether the appellant is entitled to a separate remedy to challenge the penalty order
Subjects
- disciplinary proceedings
- intra‑court appeal
- penalty order
- leave to challenge
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL DEFECTIVE No. - 595 of 2023
Jay Prakash
.....Appellant(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Appellant(s) : Anil Kumar, Pradyumn Kumar, Rajan,
Sanjay Srivastava, Subhas Kumar,
Virendra Kumar Yadav, Virendra
Singh Chauhan
Counsel for Respondent(s) : C.S.C., Yogesh Kumar Singh
Court No. - 39
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Anil Kumar, learned counsel for the original
petitioner/appellant, Sri Yogesh Kumar Singh, learned counsel for the
respondent and learned Standing Counsel for the State.
2. Sri Anil Kumar, learned counsel for the original petitioner/appellant states
that during pendency of this intra-Court appeal against the order of learned
single judge dated 23.06.2023 in Jay Prakash Vs. State of U.P. And 5
Others, 2023:AHC:128467, the disciplinary proceedings have been
concluded. The original petitioner/appellant has been awarded punishment.
He prays for leave of the Court, to challenge the same.
3. The above prayer made by learned counsel for the original
petitioner/appellant is unopposed.
4. Accordingly, the instant appeal is dismissed as not pressed with liberty
to the original petitioner/appellant to assail the penalty order.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
September 23, 2026
#Vikram/-
Digitally signed by :-
VIKRAM GUPTA
High Court of Judicature at Allahabad
Checking your session…