Court No. - 32 Case :- SPECIAL APPEAL No. - 255 of 2009 Petitioner :- Harendra Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- B. Dayal,Raj Singh,Vishnu Sahai Respondent Counsel :- C.S.C. Hon'ble R.K. Agrawal,J.
Hon’ble Anil Kumar,J.
The present special appeal has been filed against the judgment and order
dated 18th January, 2005 passed by the learned Single Judge whereby the writ
petition preferred by the appellant was dismissed on the ground of availability
of remedy of statutory appeal under Rule 20 of the U.P. Police Officer of the
Subordinate Ranks (Punishment & Appeal) Rules, 1991.
We have heard Sri Raj Singh, learned counsel for the appellant and have
perused the judgment and order dated 18th January, 2005 passed by the
learned Single Judge, grounds taken in appeal and the other documents filed
along with it.
Learned counsel for the appellant submitted that as the termination of the
appellant was done without following the principles of natural justice, filing
of writ petition against the said order was maintainable and the learned Single
Judge was not justified in relegating the appellant to avail the statutory
remedy. Having considered the submission of the learned counsel for the
appellant, we are of the considered opinion that if the learned Single Judge on
the basis of the material and evidence on record had come to the conclusion
that the appellant be relegated to avail the alternative remedy of appeal, we do
not find any error in the discretion exercised by the learned Single Judge.
The appeal fails and is dismissed.
Order Date :- 21.7.2010
mt