Court No. - 40
Case :- SPECIAL APPEAL No. - 891 of 2018 Appellant :- Head Constable Insha Allah Khan Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Mohammad Umar Khan Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the appellant.
The learned Single Judge has declined to entertain the writ petition on the ground that the appellant has an alternative remedy of filing an appeal against the order dated 05th of August, 2018 passed by the respondent- authority denying salary for 127 days to the appellant.
We have perused the prayer made in the writ petition. Unfortunately there was no amendment sought in the writ petition praying for a certiorari to quash the order dated 05th August, 2018.
In these circumstances, we find that the learned Single Judge as a matter of fact has come to the aid of the appellant by providing him an opportunity to challenge the said order before the appellate authority. In the circumstances, the discretion refused by the learned Single Judge is fully justified at this stage. There is no merit in the appeal.
Accordingly, the appeal is dismissed.
It shall be open to the appellant to avail of the remedy of appeal as observed by the learned Single Judge.
Order Date :- 18.9.2018 M. ARIF