SHER SINGH Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1989-2-21
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on February 08,1989

SHER SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) In this petition the petitioner has claimed the following reliefs :- (i) To issue a suitable order, direction or writ declaring the U. P. Public Services Tribunal Act as haste, unguided, unjust and unconstitutional Legislation having no rule at all uptil now. (ii) To issue a situable order, directions or writ declaring the presence of administrative member as unconstitutional in view of AIR 1987 SC 386. (iii) To issue any other suitable order direction or writ which this Hon'ble High Court may deem fit just and proper in the facts and circumstances of the case and for securing the justice. (iv) cost of this writ petition may be awarded to the petitioner and against the opposite party."
(2.) The petitioner is not challenging any order or proceedings of the Services Tribunal although it is stated that his claim petition is pending before the U. P. Public Services Tribunal. He wants a mere declaration that the Act under which the Tribunal has been constituted is unconstitutional.
(3.) It is true that the powers available to a High Court under Art. 226 of the Constitution are very wide and are not fettered by rules of technicalities and procedure, still, it does not, as a rule, give advisory opinion or bare declaratory judgments on the Constitutionality of a legislation.;


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