Biswanath Somadder, J. - (1.) The instant Special Appeal arises in respect of a judgment and order dated 19th December, 2019, passed by a learned Single Judge in Writ-A No. 20402 of 2019 (Satya Deo Yadav versus State of U.P. and 4 others). By the impugned judgement and order, the learned Single Judge was pleased to relegate the writ petitioner before a statutory authority upon taking into consideration the stand taken by the learned standing counsel for the State of Uttar Pradesh to the effect that there is a statutory alternative remedy of appeal under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973, against the order which was impugned before the writ Court.
(2.) The appellant before us is the writ petitioner.
(3.) According to the learned advocate for the writ petitioner, the provisions of Rule 5 of the 1973 Rules do not allow the writ petitioner to prefer a statutory appeal in the facts of the present case since the punishment that has been imposed upon the writ petitioner is stoppage of two increments. At this stage, we must notice Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973, which reads as follows :- "5. Appeal. - An appeal shall lie from an order passed by the appointing authority in respect of the posts mentioned in column 1 of the Schedule appended to these rules, imposing upon any officer, teacher or other employee of the Board any of the penalties mentioned below, to the appellate authority mentioned in column 3 of the said Schedule :- (a) reduction to a lower post on time-scale or to a lower stage in a time-scale; (b) removal from service of the Board which does not disqualify for future employment; (c) dismissal from the service of the Board, which ordinarily disqualifies from future employment. (2) In case of other penalties against which no appeal is provided in this rule, the punished officer, teacher or other employee of the Board may make a representation against the imposition of any of these penalties to such officer as the Director of Education (Basic) may by general orders from time to time specify in this behalf. (3) The procedure laid down in Civil Services (Classification, Control and Appeal) Rules, as applicable to servants of the Uttar Pradesh Government shall, as far as possible, be followed in disciplinary proceedings, appeals and representations under these rules.";