Tota Ram vs State Of U.P. And 2 Ors.
2013 Latest Caselaw 2504 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - B No. - 28395 of 2013
 
Petitioner :- Tota Ram
 
Respondent :- State Of U.P. And 2 Ors.
 
Petitioner Counsel :- Nisar Uddin,Arvind Kumar Srivastava
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Order of punishment has been passed by the disciplinary authority on 03.4.2010 as proceeding in question has been undertaken as per U.P. Government Servant (Discipline and Appeal) Rules 1999, petitioner preferred Appeal and the said appeal in question has been dismissed on 23.01.2013. Petitioner is before this Court.

On the matter being taken up today, learned Standing counsel has contended that petitioner has still got equal efficacious remedy by way preferring Revision before the State Government under Rule 13 of U.P. Government Servant (Discipline and Appeal) Rules 1999.

This Court has occasion to peruse Rule 13 of U.P. Government Servant (Discipline and Appeal) Rules 1999 therein an incumbent against whom order has been passed has remedy to approach the State Government by making representation and thereafter State Government has got wide amplitude of the authority by calling for the record of any case decided by an authority subordinate to it, and the State Government can exercise any of the power conferred upon such authority by the rules by confirming, modifying or reversing the order passed by such authority, or directing for further enquiry in the matter or by reducing or enhancing the penalty imposed by the punishment order or make such other order in the case as it may deem fit.

Once such is the nature of the authority, which has been conferred upon the State Government, then it would not at all appropriate for this Court to permit the petitioner to by-pass the aforesaid statutory remedy of revision, as has been provided under the relevant rules.

Consequently, writ petition is dismissed on the ground of alternative remedy.

Order Date :- 21.5.2013

Dhruv