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Neutral Citation No. - 2025:AHC:109674 Court No. - 4 Case :- WRIT - A No. - 9259 of 2025 Petitioner :- Bhajan Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Aman Ahsan,Shivam Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Shri Shivam Yadav,learned counsel for petitioner and Shri S.K. Pal, learned Additional Chief Standing Counsel, .
2. By means of this petition filed under Article 226 of the Constitution petitioner has questioned the order of punishment in the nature of dismissal from service dated 03.06.2025.
3. Learned Additional Chief Standing Counsel submits that petitioner has an alternative efficacious remedy of filing statutory appeal under the relevant punishment and appeal rules of the year
1991.
4. Learned counsel for petitioner could not dispute the above fact however, it is contended that petitioner was issued with the show cause notice and before submitting the reply the impugned order has come to be passed. It is further submitted that the matter is still engaging the attention before the tribunal and yet the respondents have proceeded to pass the order during the pendency of the petition before the tribunal.
5. Be that as it may, since petitioner does not dispute remedy available to him by way of departmental appeal, I decline to grant indulgence in the matter. However, petitioner may also avail remedy before the tribunal where the matter is pending.
6. However, while declining relief at this stage I leave it open for the petition to avail remedy of either statutory appeal or approach the U.P. Public Services Tribunal as may be advised.
7. With the aforesaid observations and directions the petition stands consigned to records. Order Date :- 10.7.2025/Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad