Lokesh Kumar v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 16959 of 2023 Petitioner :- Lokesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Shashi Prakash Rai Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 & 3 as well as Sri Shashi Prakash Rai, learned counsel appearing for the Respondents No. 2 and 4.

¶2Petitioner through this writ petition has challenged the order dated 4.11.2022 whereby major penalty has been imposed against him in the form of withholding of two annual increments permanently.

¶3Counter-Affidavit has been filed on behalf of Respondent No. 2 wherein it has been categorically stated that petitioner has already availed statutory alternative remedy by filing an appeal against punishment order dated 4.11.2022, therefore, this writ petition is not maintainable.

¶4Learned counsel appearing for the petitioner, though has argued that the punishment order has been passed without there being date, time and place fixed by the inquiry officer for holding inquiry but he could not deny the fact that the petitioner has already availed the statutory alternative remedy by filing an appeal.

¶5In view of the fact that petitioner has already filed an appeal against the punishment order dated 04.11.2022 before the Secretary, U.P. Basic Education Board, Prayagraj, therefore, this writ petition in the present form is not maintainable. It is accordingly dismissed.

¶6However, since the appeal against the punishment order has already been filed by the petitioner, therefore, Respondent No. 4 is directed to consider and decide petitioner's appeal by passing speaking and reasoned order within a period of two months. Order Date :- 31.10.2023 A. Mandhani High Court of Judicature at Allahabad