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ABDUL MOIN
Sanjay Kumar Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
ABDUL MOIN, J.
1. Heard learned counsel for the petitioner and Sri Saharsh Srivastava, learned Additional Chief Standing Counsel appearing for the respondents.
2. Instant petition has been filed challenging the order of removal dated 12.01.2024, a copy of which is Annexure-2 to the writ petition.
3. A preliminary objection has been taken by Sri Saharsh Srivastava, learned Additional Chief Standing Counsel that the petitioner has an alternative and statutory remedy of filing an appeal against the order impugned.
4. However, learned counsel for the petitioner states that as the order impugned is patently without jurisdiction having been passed by the Sub Divisional Magistrate, who is not the appointing authority rather the appointing authority is the District Magistrate. Further, the order impugned has been passed in gross violation of principles of natural justice and consequently placing reliance on the judgment of the Apex Court in the case of Harbanslal Sahnia and another vs. Indian Oil Corporation Limited and others, AIR 2003 SC 2120 and a Division Bench judgment of this Court passed in Special Appeal No. 73 of 2012 in re: Rajendra Prasad Upadhyaya vs. State of Uttar Prade
The existence of an alternative remedy does not preclude the maintainability of a writ petition; however, the court retains discretion to entertain such petitions based on jurisdictional issues or vi....
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
The court emphasized that a dismissal must be proportionate to the misconduct and that procedural violations in disciplinary inquiries can invalidate the outcome.
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
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