Court No. - 33
Case :- WRIT - A No. - 9645 of 2020 Petitioner :- Digvijay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Singh,Ashok Mehta (Senior Adv.) Counsel for Respondent :- C.S.C.,Madan Mohan
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 26.8.2020, passed by the respondent no.3 against the petitioner on the eve of superannuation.
Order impugned is assailed on various grounds.
Sri Madan Mohan, learned counsel appearing for the respondent Housing Board raises a preliminary objection with regard to maintainability of the writ petition on the ground that petitioner has statutory alternative remedy of preferring appeal under regulation 33 of the Service Regulations, 1972.
Learned senior counsel for the petitioner objects to the preliminary objection raised by stating that principles of natural justice have been violated.
The issue raised by the petitioner's counsel can always be examined by the appellate authority at the first instance. It is otherwise apparent that enquiry has been conducted in the matter and show cause notice was also issued whereafter petitioner submitted a reply, which has been duly considered. Correctness or otherwise of the observations contained in the order impugned need not be examined any further in the writ proceedings, particularly when the alternative remedy of appeal is available. Writ petition is, therefore, not entertained and it is consigned to records.
In the facts of the present case, it is provided that in the event petitioner prefers an appeal within two weeks from today, the same shall be entertained on merits by the authority concerned and shall be dealt with, expeditiously.
Order Date :- 6.1.2021 Ashok Kr.