A.K.YOG , V.N.SINGH, JJ. - (1.) PETITIONER , being aggrieved against the order of suspension dated 23.8.2003, (Annexure -3 to the petition), had filed Writ Petition No. 39331 of 2003, which was dismissed on the ground of alternative remedy available to the petitioner against this very suspension order before U.P. Public Service Tribunal; copy of the said judgment and order dated 4.9.2003, in Writ Petition No. 39331 of 2003, R.P.N. Tewari v. State of U.P. and Ors., is annexed as Annexure -5 to the petition.
(2.) AFTER dismissal of the writ petition, petitioner filed Claim Petition No. 797 of 2003, before State Public Service Tribunal, Lucknow. It appears that he also filed application for interim relief which has been rejected by the Tribunal vide judgment and order dated 22.9.2003 on the ground that it has no power to grant interim relief in suspension matter and hence, rejected application for interim order (Annexure -6 to the petition). Interim relief application having been rejected by the Tribunal, as mentioned above, the petitioner has now come up before this Court by filing Writ Petition No. 46120 of 2003 and prays for issuing a writ of certiorari to quash the initial order of suspension dated 23.8.2003/Annexure -3 to the petition passed by respondent No. 2, Secretary, Small Industries, Government of U.P., Lucknow (Anubhag -1) as well as the order passed - by the Tribunal dated 22.9.2003/ Annexure -6 to the petition.
(3.) LEARNED Standing Counsel, however, submitted that this petition should be dismissed on the ground of alternative remedy being sought before the Tribunal and referred to the decision of the Apex Court in the case of Public Service Tribunal Bar Association v. State of U.P. and Anr., 2003 (1) UPLBEC 780.;