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Om Prakash vs State of U.P. and Others

Allahabad High Court · Decided on 12 August 2004 · Citation: (2005) 2 AWC 1179

HON’BLE JUDGES
M. Katju, Acting C.J. · Umeshwar Pandey, J
RESULT
Allowed
CASE NUMBER
Special Appeal No. 950 of 2004
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Judgment

4 paragraphs · 171 words

M. Katju, A.C.J. and Umeshwar Pandey, J.—Heard Sri A. M. Zaidi, learned counsel for the appellant and learned standing counsel.

2.

This special appeal has been filed against the impugned order of learned single Judge dated 10.5.2004. By that judgment, the learned single Judge dismissed the writ petition on the ground of alternative remedy before the U. P. Public Services Tribunal.

3.

It may be mentioned that the U. P. Public Services Tribunal Act, 1976, was amended in the year 2000. According to the amendment there must be some order against which the petitioner can go to the Tribunal. If there is no order, a party cannot go to the Tribunal. This view was also taken by the Supreme Court in Public Services Tribunal Bar Association Vs. State of U.P. and Another,

4.

Following the said decision, this appeal is allowed and the impugned order dated 10.5.2004 is set aside. We remand the case to the learned single Judge for passing a fresh decision on merits in accordance with law expeditiously.