High CourtsDivision Bench

Durga Prasad vs District Magistrate and Others

Allahabad High Court · Decided on 21 January 2002 · Citation: (2002) 1 AWC 823 : (2002) 92 FLR 1174 : (2002) 1 UPLBEC 756

HON’BLE JUDGES
Onkareshwar Bhatt, J · D.S. Sinha, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Uttar Pradesh Public Services (Tribunal) Act, 1976 — Section 4
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 75 of 2002

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 202 words

D.S. Sinha and Onkareshwat Bhatt, JJ.—Heard Shri Vinod Dwivedi. learned counsel appearing for the appellant.

2.

By means of hfs order and judgment dated 4th January, 2002, passed in Civil Misc. Writ Petition No. 44308 of 2001. Durga Prasad v. District Magistrate, Basti and Ors. the learned single Judge has relegated the petitioner to the effective statutory alternative remedy of claim petition u/s 4 of the U. P. Public Services (Tribunal) Act, 1976. for redressal of his grievance raised by him in the petition.

3.

The view taken by the learned single Judge is well fortified by the decision of the Hon''ble Supreme Court of India rendered in State of U.P. and another Vs. Labh Chand, and two Full Bench decisions of this Court delivered in Chandrama Singh v. Managing Director, U. P. Co-operative Union, Lucknow and Ors. 1992 (2) AWC 1005 : 1991 ACJ 784 and Km. Mamta Jauhari u. State of U. P. and Anr. 1999 ALJ 279. respectively.

4.

The impugned order and judgment is prefect, and calls for no interference by this Court in exercise of its intra-court appeal under Rule 5 of Chapter VIII of the Rules of Court, 1952.

5.

Accordingly, the appeal is dismissed summarily.