Court No. - 36
Case :- WRIT - A No. - 8742 of 2021 Petitioner :- Tarurendra Tripathi Respondent :- State Of Up & Others Counsel for Petitioner :- Ajay Kumar Giri,Surendra Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents.
By means of present writ petition the petitioner has challenged the impugned order dated 15.9.2019 passed by the third respondent/Superintendent of Police, Bhadohi inflicting punishment of censure entry upon the petitioner, as well as the order dated 03.12.2020 passed by the second respondent/Inspector General of Police, Vindhyachal Region, Mirzapur.
Learned Additional Chief Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that against the impugned order the petitioner has got efficacious alternative remedy to file a revision under U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991 before the Revisional Authority and as such, the writ petition is liable to be dismissed on the ground of alternative remedy.
Once efficacious alternative remedy is available to the petitioner, then there is no reason or occasion to bypass the statutory forum.
In view of above, the writ petition is disposed of with observation that if the petitioner files revision against the impugned orders within two weeks from today, the Revisional Authority would proceed to consider on the merits of the case ignoring the delay and laches.
Order Date :- 30.7.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.07.30 15:05:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad