Harendra Kumar vs State of U.P. and Others

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.