Court No. - 30
Case :- WRIT - A No. - 15131 of 2019 Petitioner :- Harish Chandra Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Bhan Yadav,Anand Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Anand Kumar Srivastava, learned counsel for the petitioner and Sri Amarnath, learned Standing Counsel.
This petition has been filed for issuing, a writ, order or direction in the nature of certiorari to quash the orders of respondent no.2-District Magistrate, Azamgarh dated 28.1.2019 and 17.6.2019 contained in Annexure-1 and 6 to this writ petition. A further prayer has also been made for commanding respondent no.2 to pay the arrear of salary of suspension period to petitioner for a period from 28.1.2019 upto 30.6.2019 along with interest.
Learned Standing Counsel has raised a preliminary objection against the order impugned dated 17.6.2019. The petitioner has alternative statutory remedy under Rule 11 of the U.P. Government Servants (Discipline and Appeal) Rules, 1999. Learned counsel for the petitioner could not dispute the aforesaid fact.
Accordingly, present petition stands dismissed on the ground of statutory remedy. It is, however, provided in case, the appeal has become time barred and in case, the appeal is filed by the petitioner within a period of fifteen days from today, the same shall be entertained by the authority concerned on its own merits without raising any objection regarding limitation.
With this observation, present petition stands dismissed.
Order Date :- 27.9.2019 Aditya