YOGENDRA KUMAR SRIVASTAVA,J. - (1.) The present special appeal has been filed against the judgment and order dated 21.10.2019 passed in Writ-A No. 37611 of 2002 (Rajiv Kumar Singh Vs. Director General/R.P.F. and others) whereby the writ petition has been allowed and the orders dated 22.07.2002, 31.5.2001 and 12.4.2001, which were under challenge therein, have been set aside.
(2.) A preliminary objection has been raised by the learned Senior Counsel appearing for the respondent-petitioner that the special appeal is not maintainable as per the provisions contained under Chapter VIII Rule 5 of the Allahabad High Court Rules (Rules of the Court, 1952)1 inasmuch as the writ petition had been filed seeking to challenge the order of termination against the petitioner as also the orders passed in appeal and revision under the statutory rules.
(3.) The provision with regard to filing of an intra-court appeal under the Rules of the Court, 1952, is contained under Chapter VIII Rule 5 of the aforementioned Rules, and the same is as follows :- "5. Special appeal :- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of Appellate Jurisdiction) in respect of a decree or order made by a Court subject to the Superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of Superintendence or in the exercise of criminal jurisdiction or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award--(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act , with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution or (b) of the Government or any Officer or authority, made or purported to be made in the exercise or purported exercise of Appellate or Revisional Jurisdiction under any such Act of one Judge." ;