Shiv Bahadur Yadav Constable Pno ... vs State Of U.P.Thru.Prin.Secy. ...
2021 Latest Caselaw 3388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- SERVICE SINGLE No. - 6350 of 2021
 
Petitioner :- Shiv Bahadur Yadav Constable Pno No. 112111700
 
Respondent :- State Of U.P.Thru.Prin.Secy. Home & Ors.
 
Counsel for Petitioner :- Rajesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard learned counsel for the petitioner.

This petition has been filed praying for quashing of the departmental proceedings initiated under Section 7 of the Police Act read with Rule 14(1) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1991, culminating charge sheet no.PF-02/2021 dated 7.2.2021 on the ground that criminal investigation on the basis of FIR dated 22.9.2020 has been completed with respect to identical charges and a charge sheet has been submitted to the trial court and therefore, disciplinary proceedings for the same charges cannot proceed.

Learned Standing Counsel has raised a preliminary objection regarding statutory remedy of filing claim petition before the Tribunal under the U.P. Public Service Tribunal Act 1976 is available to the petitioner.

Counsel for the petitioner says that alternative remedy is not a bar. He has referred to a judgment in the case of Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai.

However, this Court finds that the Supreme Court in the case of Secretary, Minor Irrigation vs. Sahngoo Ram Arya and another, has referred to the U.P. Public Service Tribunal Act 1976 being only statutory remedy available to the U.P. Government servant even when the Tribunal has no power to pass an interim order staying operation of the impugned order. The Court has observed that the litigant must first approach the Tribunal and on its refusal to grant interim order, he may approach the High Court in view of law settled by the Supreme Court in the case of Secretary, Minor Irrigation (supra).

This Court finds no good ground to show interference in writ jurisdiction when appropriate statutory remedy is already provided under law.

The petition is dismissed on grounds of maintainability alone.

The petitioner may avail appropriate remedy as per law.

Order Date :- 12.3.2021

Sachin