Gajendra Singh v. State of U.P. and 2 Others

Court No. - 36 Case :- WRIT - A No. - 15300 of 2023 Petitioner :- Gajendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bushra Maryam,Mohd. Shurjeel Najam Counsel for Respondent :- C.S.C.,Rahul Agarwal Hon'ble Manjive Shukla,J.

¶1Heard Ms. Bushra Maryam, learned counsel appearing for the petitioner, learned Standing Counsel appearing for Respondent No. 1 and Sri Rishabh Pratap Singh holding brief of Sri Rahul Agarwal, learned counsel appearing for Respondents No. 2 and 3.

¶2Petitioner through this writ petition has challenged the order dated 24 July, 2023 passed by the Assistant Regional Manager, U.P.S.R.T.C. Meeut, whereby his services have been terminated.

¶3Learned counsel appearing for Respondents No. 2 and 3 has raised preliminary objection regarding maintainability of this writ petition on the ground that petitioner has a remedy to challenge the order dated 24 July, 2023 by filing an appeal provided under Regulation 69 of U.P. State Road Transport Corporation, Service Regulations, 1981.

¶4Learned counsel appearing for the petitioner could not deny the fact that petitioner has a remedy against the order dated 24 July, 2023 in the form of appeal under Regulation 69 of the aforesaid Regulations of 1981.

¶5I have considered the preliminary objection raised by learned counsel appearing for Respondents No. 2 and 3 and I find that petitioner has efficacious and speedy remedy in the form of appeal under Regulation 69 of Regulations of 1981.

¶6In view of the aforesaid reason, this writ petition is dismissed on the ground of alternative remedy.

¶7In the interest of justice, it is provided that if petitioner files appeal against the order dated 24 July, 2023 before the competent authority within one month from today, appeal shall be decided by the competent authority on merits and shall not be rejected on the ground of delay. Order Date :- 20.11.2023 Manoj High Court of Judicature at Allahabad