Court No. - 36
Case :- WRIT - A No. - 8547 of 2021 Petitioner :- Shashikant Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Rai Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Devesh Vikram, learned Standing Counsel for the State-respondent.
By means of the present writ petition, petitioner is assailing the order impugned dated 11.6.2021 passed by the first respondent whereby petitioner has got punishment of lower scale for three years.
Sri Devesh Vikram raised an objection that against the order impugned, the petitioner has got efficacious alternative remedy to file an appeal or revision and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy.
Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction that in case any such appeal is being preferred by the petitioner along-with stay application within three weeks from today, the appellate authority would proceed to decide it on its own merit expeditiously ignoring the delay and laches in filing the same but certainly after affording opportunity to all stakeholders in the matter.
Order Date :- 28.7.2021 A.K.Srivastava