Manoj Kumar vs State Of U.P. And 3 Others
2022 Latest Caselaw 18103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 664 of 2022
 

 
Appellant :- Manoj Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Vinod Kumar Mishra,Devesh Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the appellant and the learned Standing Counsel for the respondent.

This intra-court appeal is against the judgment and order dated 19.9.2022 passed by the learned Single Judge in Writ-A No. 35272 of 2013 by which the writ petition of the petitioner (the appellant herein) challenging three orders, namely, order dated 16.08.2011, dismissing the petitioner from service; dated 02.09.2012, rejecting the appeal of the petitioner against the order of dismissal from service; dated 19.03.2013, dismissing the revision of the petitioner, has been dismissed.

As all the orders impugned have been passed in exercise of the powers conferred upon the officers under U.P. Police Officers of the Subordinate Ranks (punishment and appeals) Rules, 1991, on 11.11.2022, we had noticed the preliminary objection of the learned Standing Counsel with regard to the maintainability of this intra-court appeal in our order, which is reproduced below:-

"11.11.2022

Learned Standing Counsel has raised a preliminary objection with regard to the maintainability of this special appeal against the judgement and order of the learned Single Judge dated 19.9.2022 on the ground that the order challenged before the writ court was a revisional order passed in exercise of powers under Rule 23 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 which have been framed in exercise of powers under Sub-Sections 2 and 3 of Section 46 read with Sections 2 and 7 of the Police Act, 1861. It has been submitted that since the power to legislate in respect of police falls in the State list, the intra-court appeal would not be maintainable under Chapter VIII Rule 5 of the High Court Rules. In support of the preliminary objection judgement of the Apex Court in State of Uttar Pradesh and others Vs. Madhav Prasad Sharma (2011) 2 SCC 212 paragraphs 12 and 13 have been cited.

Learned counsel for the appellant prays for opportunity to study the above aspect of the matter so as to address the court on the issue regarding maintainability of the appeal.

As prayed by the learned counsel for the appellant list the case as fresh on 21st November, 2022. "

The learned counsel for the appellant after going through the judgments has fairly stated that in the light of the judgment of the Apex Court in State of Uttar Pradesh and others Vs. Madhav Prasad Sharma (2011) 2 SCC 212, the appeal would not be maintainable.

In view of above, the appeal is dismissed as not maintainable.

Order Date :- 21.11.2022

N.S.Rathour