RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R. K. Ojha, learned Senior Advocate assited by Sri Prathamesh Upadhyay, learned counsel for the petitioner and Sri Abhishek Srivastava, learned counsel for the respondent no. 2.

(2.) This petition has been filed challenging the Order dtd. 10/1/2022 passed by the respondent no. 2 forfeiting the entire pension of the petitioner as punishment for alleged misconduct when the petitioner was an employee of the Respondent Corporation.

(3.) Learned counsel for the respondent has raised a preliminary objection regarding the maintainability of the petition saying that against the punishment order passed by the respondent no. 2, the petitioner has remedy for filing an appeal under Regulation 11 of the U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020. Learned counsel for the respondent has placed before this Court a Division Bench judgement in Special Appeal No. 566 of 2022, Smt. Shaheen Badar Vs. U.P. Power Corporation Limited and others where the Writ Court had rejected, the writ petition by its order dtd. 2/9/2022 on the ground of statutory remedy being available, under the Regulations of 2020. The Division Bench observed that if a punishment order is passed in Disciplinary Proceedings by the Chairman, against such an order statutory remedy of filing an Appeal under Regulation 11 is provided to the Board of Directors of the Corporation.