Court No. - 5
Case :- WRIT - A No. - 13111 of 2021 Petitioner :- Mukesh Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purushottam Mani Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Petitioner by means of present writ petition has prayed for following reliefs:
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 08.06.2018 passed by the respondent no.4 (Annexure No.5) as well as the order dated 1.10.2019 (Annexure No.9) passed by the respondent no.3.
(b) to issue such other and further appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
The petitioner has been awarded punishment by order dated 08.06.2018 by respondent no.4 of reduction to the lower pay scale and several other punishments. Against the said order, petitioner preferred Appeal which has also been dismissed by order dated 15.10.2019 by the Appellate Authority. Both the orders are impugned in the writ petition.
Learned Standing Counsel submits that the petitioner has remedy to file Revision against the order of Appellate Authority under Rule 13 of U.P. Government Servant (Discipline and Appeal) Rules, 1999.
In view of the aforesaid facts, the petitioner has remedy to file Revision before the respondent no.2, therefore, writ petition is dismissed on the ground of alternative remedy.
However, if the petitioner prefers Revision within four weeks from today, the Revisional Authority shall consider the Revision on merit without looking into the question of limitation.
Order Date :- 28.10.2021 Mohit