Court No. - 36
Case :- WRIT - A No. - 18952 of 2019 Petitioner :- Santosh Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.C. Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri K.C. Mishra, learned counsel for the petitioner and learned State Law Officer.
Petitioners are before this Court assailing the validity of order dated 17.08.2019 passed by the third, whereby, the appointment of petitioner has been cancelled in very cursory manner. Further prayer has been made to command the third respondent to permit the petitioner to join the said post and discharge his duty and to pay him, his salary as per Rule and regulation month to month during the pendency of present writ petition.
At the very outset, learned Standing Counsel has raised a preliminary objection that against the orders impugned, petitioner has got efficacious alternative remedy to file appeal before the Competent Authority in the light of Government Order dated 02.12.2016 and as such, this Court may not intervene in the matter.
In the facts and circumstances of the case, once equal efficacious alternate remedy of revision is available to the petitioner, then at this stage, there is no reason or occasion for this Court to bypass the same. However, in case petitioner prefers an appeal in the light of Government Order dated 02.12.2016 ventilating all his grievances before the Competent Court/Authority within two weeks time, the Appellate Authority would decide the same strictly in accordance with law, expeditiously, preferably within a period of three months from the date of filing of the same.
With these observations, the writ petition is disposed of.
Order Date :- 28.11.2019 A. Pandey