Sayed Mansoor Abid vs State Of U.P. And 2 Others
2022 Latest Caselaw 2782 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 7199 of 2022
 

 
Petitioner :- Sayed Mansoor Abid
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajendra Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard Shri Rajendra Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for respondents and perused the record.

The instant writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:

"A- Issue a writ, order or direction in the nature of certiorari quashing the impugned second ex-parte dismissal order dated 17.09.2021 passed by D.I.G. Moradabad Range, Moradabad, respondent No. 2.

B- Issue a writ, order or direction in the nature of interim mandamus directing the respondents to allow the petitioner to join the duties in pursuance of the judgment/order dated 26.08.2019 passed by State Public Service Tribunal during the pendency of present writ petition."

Learned Standing Counsel representing the respondents raised a preliminary objection that the petitioner has a statutory remedy under Rule 20 of U.P. Police Officer of the Subordinate Rank (Punishment and Appeal) Rule 1991 to file appeal before the State Government against the order dated 17.09.2021 passed by respondent No. 2, Deputy Inspector General of Police, Moradabad Range, Moradabad.

Learned counsel for the petitioner admitted the said provision and submits that he will file an appeal within two weeks from today.

The writ petition is accordingly dismissed on the ground of availability of remedy to the petitioner.

However, in case, the petitioner files an appeal before the Appellate Authority, the said Authority is expected to decide the same at an early date.

Order Date :- 13.5.2022

Sazia