(1.) Heard SRi Sandeep Maniji Bakhshi, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner has challenged the order dtd. 8/1/2025 passed by the Commissioner, Varanasi Division, Varanasi dismissing the departmental appeal of husband of the petitioner on the ground that appeal would abate on ac-count of death of the petitioner's husband.
(3.) The submission advanced by learned counsel for the petitioner is that departmental appeal preferred under Rule 11 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 which only provides for certain considerations on points that may emerge out in the appeal and hence the appeal would not be dismissed as to have got abated on account of death of her husband namely appellant in the said appeal.