EX-CONSTABLE OM PRAKASH GAUTAMversusUNION OF INDIA AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 SPECIAL APPEAL DEFECTIVE No. - 698 of 2026

Ex-Constable Om Prakash Gautam
                                                             .....Appellant(s)
                                   Versus

Union Of India And 2 Others
                                                           .....Respondent(s)

Counsel for Appellant(s)        : Agresh Agrawal, Ashana Agrawal,
                                  Dilbag Singh Khanuja, Purnwasi Lal
Counsel for Respondent(s)       : A.S.G.I.

Court No. - 39
                 HON'BLE SAUMITRA DAYAL SINGH, J.
                 HON'BLE SWARUPAMA CHATURVEDI, J.

In Re: Civil Misc. Delay Condonation Application No.01 of 2026

1. Cause shown for the delay in filing the special appeal is sufficient.

2. Delay in filing the present special appeal is condoned.

3. Delay condonation application stands allowed.

In Re: Order on Appeal

4. Heard Ms. Ashana Agrawal, learned counsel for the original petitioner-
appellant and Ms. Srivastava, learned counsel for the Union of India.

5. On merits we find no occasion to interfere with the order dated
01.07.2026 in Om Prakash Gautam vs. Union of India
(2026:AHC:130597).

6. Undeniably, the petitioner was visited with a penalty order dated
19.12.2025, whereby he was dismissed from service and the appeal order
dated 22.12.25, whereby that penalty order was confirmed. It is equally
undisputed that the above orders were directly under challenge in the
earlier writ petition filed by the petitioner, being Writ-A No.20617 of
2002, Om Prakash Gautam versus DIG of Police CRPF and others.
Taking note of the challenge, the said writ petition was dismissed on
merits vide order dated 08.05.2014.
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7. That order of the learned single judge was made subject matter of
challenge in Special Appeal No.553 of 2014, Om Prakash Gautam versus
Deputy I.G. of Police and two others. It was dismissed as not
maintainable by order dated 02.07.2014. The matter may not have been
carried any further at that stage.

8. Thus, besides the issue of delay in filing the second writ petition in
2026, more than 14 years after the dismissal of the first writ petition,
more materially, once the penalty order as confirmed by the appeal order
was not interfered with in the earlier writ petition, it may have never
survived to the petitioner to file a revision against that appeal order before
a statutory authority. That remedy was plainly lost to the petitioner,
occasioned by his own conduct of challenging the appeal order directly in
a writ petition.

9. The writ petition having been entertained on merits and thereafter
dismissed after due consideration of the petitioner's case, it attained
finality, inasmuch as the petitioner never challenged the order of the writ
court.

10. Thus, the penalty order passed by the departmental authority was not
only confirmed by the appeal authority, and that had attained finality, that
order too had attained finality occasioned by the exercise of judicial
review instituted by the petitioner. Having itself failed on merits, in such
circumstances, the petitioner may not be allowed an opportunity to file a
statutory revision after the writ court has found no error in the appeal
order. If allowed, it would defeat the element of finality that otherwise
attaches to the proceedings instituted at the instance of the petitioner
himself.

11. Accordingly, the prayer for mandamus that may have been made by
the petitioner, to direct the revising authority to decide the petitioner's
revision has been rightly rejected by the learned single judge. The appeal
is meritless, and it is accordingly dismissed.

12. No orders as to costs.
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                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 29, 2026
                                    S.A.




Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad