HARIKESH RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Harikesh Rai is before this Court, assailing the validity of the order dated 01.04.2016 passed by learned single Judge in Civil Misc. Writ Petition No. 4645 of 2013 (Harikesh Rai v. State of U.P. through Principal Secretary and others), wherein petitioner-appellant has been relegated to avail the statutory forum as is provided for by filing claim petition under Section 4 of the U.P. Public Service Tribunal Act, 1976 before U. P. Public Service Tribunal, U.P. Lucknow.

(2.) Sri. C. P. Srivastava, learned counsel for the appellant submitted before us that in the present case on the presentation of the writ petition, this Court has not at all proceeded to relegate the petitioner-appellant to avail the alternative remedy to file claim petition before U. P. Public Service Tribunal, U.P. Lucknow, but contrarily writ petition in question has been entrained and counter affidavit has been invited for the simple reason that entire action that has been taken, has been taken in breach of principal of natural justice, and once there has been breach of principal of natural justice, then at the said point of time writ petition in question ought to have been allowed, instead of relegating the petitioner-appellant to file claim petition.

(3.) Learned Standing Counsel on the other hand has submitted that in the present cases, petitioner-appellant is government servant and in reference of service matter, there is statutory forum provided for, in view of this petitioner-appellant has been relegated to avail statutory remedy to file claim petition under Section 4 of the Act before the U. P. Public Service Tribunal, U.P. Lucknow and as such no interference be made.