Court No. - 5
Case :- WRIT - A No. - 10519 of 2021 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.1 to 4.
The petitioner is a Head Constable in Civil Police. The petitioner has been awarded minor punishment by order dated 31.03.2018 passed by respondent no.4. The petitioner preferred statutory appeal against the order of punishment which was dismissed by the respondent no.3. The petitioner assailed the order passed by respondent no.3 dismissing the appeal of petitioner as well as order of punishment passed by the respondent no.4.
Learned Standing Counsel submits that there is alternative remedy of revision under Rule 23 of UP Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 before the respondent no.2-A.D.G., Kanpur Zone, Kanpur, therefore, the writ petition is not maintainable.
Since, the petitioner has statutory remedy of revision under Rule 23 of UP Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, therefore, the writ petition is disposed of on the ground of alternative remedy.
However, in the interest of justice, it is provided that in case petitioner prefers any revision under the aforesaid rule within a period of three weeks from today, the respondent no.2 shall decide the same on merit without entering into the question of limitation.
Order Date :- 24.8.2021 SS