M.Katju, Umeshwar Pandey, JJ. - (1.) The petitioner is a U.P. Government servant who is challenging a suspension order. In view of our judgment in Civil Misc. Writ Petition No. 37315 of 2003, U.P.E.S.I. Medical Services Association v. State of U.P. decided on 27.8.2003, which has followed the judgment of the Supreme Court in Secretary, Minor Irrigation and Rural Engineering Service, U.P. and Ors. v. Sahngoo Ram Arya and Anr., 2002 (3) AWC 2509 (SC) : AIR 20O2 SC 2225 (vide Paragraph 12), this petition is dismissed on the ground of alternative remedy before the U.P. Public Service Tribunal.
(2.) However, we are of the opinion that a Bench of U.P. Public Service Tribunal should be created as soon as possible at Allahabad also. At present, there is only one Bench which sits at Lucknow and this is creating great hardship to the litigants who have to come to Lucknow from far places. There are highly competent authorities and learned counsels at Allahabad who have good knowledge of service law and the services of such counsels will be available to the litigants if a Bench of the Tribunal is opened at Allahabad. Allahabad has been a seat of legal learning and this legal learning should be available to the litigants of the State.
(3.) It may be mentioned that the Central Administrative Tribunal has seats both at Allahabad and Lucknow and hence, in our opinion, the U.P. Public Service Tribunal should also have seats both at Lucknow and Allahabad and the litigants of U.P. should have the choice to file their petitions either at Allahabad or at Lucknow.;