- (1.) The petitioner has a remedy by way of a civil suit. The learned counsel for the petitioner submitted that such a civil suit might be barred under Section 6 of the U. P. Public Services (Tribunals) Act, 1976. In our view that provision of law shall not bar the suit that might be filed by the petitioner. Sub-section (1) of Section 6 bars a suit against the State Government filed at the instance of any person who is or has been a public servant. "Public Servant" has been defined in Section 2 (b) of the Act as meaning every person in the service or pay of the State Government or remunerated by fees or commission for the purpose of any public duty by the State Government or in the service or pay of a local authority, any corporation etc. The petitioner does not claim herself to be a public servant; rather she has alleged that her late husband was a public servant who was removed from service in consequence of disciplinary proceedings taken against him. The petitioner wants to challenge that order. Obviously, the petitioner is not a public servant and if a suit is filed by her, that would not be the suit at the instance of a public servant. That being so, sub-section (1) of Section 6 of the U. P. Public Services (Tribunals) Act, 1976 will not bar that suit.
(2.) With these observation, the petition is dismissed.;