D. S. Sinba, J. - (1.) HEARD learned counsel for the parties.
(2.) BY means of this petition under Article 226 of the Constitution of India, the petitioner, an erstwhile employee in the Collect orate of district Meerut, seeks to challenge the order dated 26th November, 1991 (Annexure'6' to the petition) passed by the Collector and District Magistrate, Meerut, the respondent no. 2, whereby he was retired compulsorily. It is not disputed that against the impugned order of compulsory retirement, the petitioner has got a statutory remedy by way of a claim petition under section 4 of the U. P. Public Services (Tribunals) Act, 1976, hereinafter called the Act. Neither it is pleaded in the petition that the alternative remedy of claim petition under the Act is inadequate or inefficacious nor is it proved or demonstrated before this court that the remedy, of claim petition is not effective and efficacious. It is also neither pleaded nor demonstrated that there exists any exceptional and extra-ordinary circumstance for not relegating the petitioner to the alternative remedy of claim petition and permit him to by-pass the same. A casual statement in paragraph 18 of the petition has been made that the petitioner, according to the advice tendered to him, has no other adequate alternative remedy except to approach this court under Article 226 of the Constitution. On this bald pleading, and in the absence of material facts and particulars lending support to the pleading, it is difficult to conclude that the remedy of claim petition is either inadequate or inefficacious.
(3.) A Full Bench of this Court in its decision rendered in the case of Chandrama Singh v. Managing Director, U. P. Cooperative Union, Lucknow, 1991 ACJ 784 = 1991 AWC 1005, has held thus: "The decisions of the Honourable Supreme Court of India and this court, noted above, lead to an irresistible conclusion that the High Court must not allow its extra-ordinary jurisdiction under Article 226 of the Constitution of India to be invoked if the petitioner has got an alternative remedy and such remedy is not pleaded and proved to be inadequate or inefficacious, or if it is not established from the material on record that there exist exceptional or extra-ordinary circumstances to deviate from the well settled normal rule of relegating the petitioner to alternative remedy and permit him to by-pass the alternative remedy. The hurdle of alternative remedy cannot be allowed to be skipped over lightly on a casual and bald statement in the petition that "there is no other equally efficacious or adequate alternative remedy than to invoke the extra-ordinary jurisdiction of the High Court under Article 226 of the Constitution of India. "The petitioner must furnish material facts and particulars to sustain such a plea." Learned counsel for the petitioner submits that the impugned order of compulsory retirement is malafide and the court, therefore, must interfere in the matter. The plea of malafide is essentially a plea of fact, and has to be decided on the basis of evidence to be adduced by the parties concerned'. The plea of malafide in instant case Would better be decided by the Tribunal on the basis of the pleadings and evidence produced. Normally, in exercise of its special and extra-ordinary jurisdiction under Article 226 of the Constitution of India the High Court does not undertake investigation of and adjudication upon the questions of fact. In view of the existence and availability of the effective statutory remedy by way of claim petition under the Act, and in the absence of any material before the court to conclude that the said remedy is either inadequate or inefficacious or there exists any extraordinary or special circumstance for not relegating the petitioner to the aforesaid alternative remedy, the court does not permit the petitioner to invoke the jurisdiction of this court under Article 226 of the Constitution of India and declines to interfere in the matter. The petitioner may avail the alternative remedy of Claim petition before the U. P. Public Services Tribunal, Lucknow.;