Court No. - 58
Case :- WRIT - A No. - 21578 of 2018 Petitioner :- Radhey Mohan And 24 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Jameel Ahmad Azmi
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Jameel Ahmad Azmi, learned counsel appearing for the respondents.
It appears that an order of reversion dated 3.9.2015 has been passed against the petitioner, pursuant to the directions issued by the Hon'ble Supreme Court in Uttar Pradesh Power Corporation Ltd. Vs. Rajesh Kumar and others: (2012) 7 SCC, 1. Pursuant to the directions issued by the Hon'ble Supreme Court in Uttar Pradesh Power Corporation Ltd. (supra), contempt proceedings have been drawn before the Hon'ble Apex Court, and vide order dated 20th August, 2015, passed in Contempt Petition (C) No.214 of 2013 in C.A. No.2679 of 2011 (Amar Kumar and Ors Vs. Javed Usmani, C. Sec., Govt. of U.P. and Ors), it has been observed that no writ petition in such matter or even those linked to it is to be entertained by the High Court. The order dated 20th August, 2015 is reproduced:-
"It is submitted by Mr. Ravi Prakash Mehrotra, learned counsel for the State of U.P that the judgment passed in Uttar Pradesh Power Corporation Limited vs. Rajesh Kumar and others (2012) 7 SCC 1, shall be complied with in letter and spirit within three weeks hence and the officers, who are to be reverted shall be reverted and they shall not be given any kind of additional charge. The Chief Secretary of the State of Uttar Pradesh shall file an affidavit by 15th September, 2015, stating that the same has been done, failing which this Court may be compelled to direct his personal appearance. No further adjournment or extension of time shall be granted on that score.
Be it added, the High Court shall not entertain any kind of petition with regard to the controversy that is covered in the decision rendered in Uttar Pradesh Power Corporation Limited (supra) or even linked with it.
The Registrar (Judicial) is directed to send a copy of this order to the Registrar General of the High Court of Allahabad, to be placed before the learned Chief Justice so that he can do the needful in the matter.
List the matters on 15th September, 2015."
Petitioner contends that the order impugned is absolutely illegal inasmuch as persons junior to him have been retained.
In due deference to the directions so issued by the Hon'ble Supreme Court, the present writ petition is not liable to be entertained.
It shall, however, be open for the petitioner to approach the Principal Secretary, Department of Personnel, State of U.P., who has been conferred jurisdiction to entertain such grievances under the orders of the Hon'ble Supreme Court.
Subject to the liberty reserved to the petitioner to approach the competent authority in terms of the directions issued by the Hon'ble Supreme Court, the writ petition is not entertained, and is dismissed.
Order Date :- 30.10.2018 Amit Mishra