Arun Prakash Tewari vs State Of U.P. & Others on 28 July, 2010

Chief Justice's Court

Case :- SPECIAL APPEAL No. - 528 of 2003

Petitioner :- Arun Prakash Tewari
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Anil Kumar Srivastava
Respondent Counsel :- C.S.C.

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Amreshwar Pratap Sahi,J.

The contention on behalf of the respondents is that the appeal is not
maintainable.

We have perused the regulations and we find that in respect of an order
imposing punishment by way of withholding reduction in pay would be
appealable. Learned Judge, therefore, is right in holding that the petitioner has
an alternative remedy and consequently he has no extra ordinary jurisdiction.

The appeal is dismissed.

Considering that the appellant filed this appeal before this Court he cannot be
faulted with as the appeal was not disposed of earlier and, therefore, in such
exceptional circumstances if the appellant prefers an appeal before the
concerned authority within 30 days, the appeal may be heard on merit without
any objection on delay .

                                (A.P. Sahi, J)               (F.I. Rebello, C.J.)

Order Date :- 28.7.2010
Irshad