Gangadeen vs State Of U.P. And 5 Others
2023 Latest Caselaw 17692 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:140990-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 490 of 2023
 

 
Appellant :- Gangadeen
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Appellant :- Azad Khan,Amit Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Achal Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Anish Kumar Gupta,J.

1. This intra court appeal is directed against the judgment and order dated 02.02.2023 passed by the learned Single Judge in a writ petition, which has arisen out of an order passed by the statutory disciplinary authority and appellate authority.

2. At the outset, an objection has been raised with regard to the maintainability of the instant appeal by placing the provisions of Chapter-VIII Rule-5 of the Allahabad High Court Rules, which reads as under:

"5. Special Appeal.-- An appeal shall lie to the Court from a Judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by the Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal Jurisdiction (or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award - (a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported of jurisdiction under any Uttart Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the government or any Officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge."

3. A careful reading of the provisions indicates that a special appeal against an order passed in exercise of jurisdiction conferred by Article 226 of the Constitution of India in respect of any order passed by the statutory authority made or purported to be made in exercise or purported exercise of jurisdiction under U.P. Act with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule of the Constitution by the Single Bench of this Court, is not maintainable.

The learned counsel for the appellant could not dispute the preliminary objection raised on the aforesaid provision. The appeal is dismissed being not maintainable.

Order Date :- 17.7.2023

Ashish Pd.