PRADEEP KANT AND KAMAL KISHORE, JJ.

( 1 ) THE petitioner R. P. Pandey, who was working as Deputy General Manager in the U. P. Power corporation Ltd. , (hereinafter referred to as the Corporation) has filed Writ Petition No. 734 (SB) of 2002, challenging the order of his compulsory retirement said to have been passed in exercise of the powers under Regulations 2 (b) and 2 (c) (i) of the U. P. State Electricity Board (Retirement of UPSEB Employees) Regulations, 1975 (hereinafter referred to as the Regulations, 1975 ).

( 2 ) THE arguments at considerable length have been raised by both the parties but the controversy revolves around the following two questions, namely, (i) whether the petitioner be relegated to the remedy of U. P. Public Services Tribunal and in the presence of such remedy, the writ petition is maintainable or not and; (ii) whether the order of compulsory retirement is vitiated, as the adverse material in the shape of certain adverse entries or certain minor punishments stood wiped of in view of the promotion of the petitioner on the post of Superintending Engineer (Deputy General Manager) on 5. 10. 2000, the criteria of which promotion was merit; or in view of the Re

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