SATYA DEV YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant Special Appeal arises in respect of a judgment and order dated 19th December, 2019, passed by a learned Single Judge in Writ-A No. 20402 of 2019 (Satya Deo Yadav versus State of U.P. and 4 others). By the impugned judgement and order, the learned Single Judge was pleased to relegate the writ petitioner before a statutory authority upon taking into consideration the stand taken by the learned standing counsel for the State of Uttar Pradesh to the effect that there is a statutory alternative remedy of appeal under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973, against the order which was impugned before the writ Court.

(2.) The appellant before us is the writ petitioner.

(3.) According to the learned advocate for the writ petitioner, the provisions of Rule 5 of the 1973 Rules do not allow the writ petitioner to prefer a statutory appeal in the facts of the present case since the punishment that has been imposed upon the writ petitioner is stoppage of two increments. At this stage, we must notice Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973, which reads as follows :-