ATTAR SINGH Vs. DEPUTY INSPECTOR GENERAL

JUDGEMENT

(1.) Being aggrieved by an order of his dismissal from service passed on 16-10-1992 after holding departmental enquiry, Petitioner, who is Sub Inspector of Police, has filed this writ petition before this Court. Against the order of dismissal, admittedly, appeal lies before the Prescribed Authority. The remedy of appeal is efficacious alternative remedy. In view of the availability of the statutory remedy of appeal it is not a fit case for this Court to Interfere under Article 226 of the Constitution of India.

(2.) Learned Counsel for the Petitioner has in this connection made two submissions; namely, (1) when there is violation of Principles of natural justice, writ petition cannot be dismissed on the ground of availability of alternative remedy of appeal. For this proposition reliance has been ptaoed on the decision of the Supreme Court in the case of Institute of Chartered Aooouatants of India v. L.K. Ratna, 1987 AIR(SC) 71 and (2) the impugned order not having been passed by the Deputy Inspector . General of Police is not sustainable.

(3.) There is no such rule that whenever there are allegations of violation of Principles of natural Justice this Court cannot dismiss the writ petition on the ground of availability of alternative remedy of appeal. Ordinarily whenever an efficacious alternative remedy is available to the Petitioner this Court does not interfere In exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India unless the Petitioner pleads and proves that the alternative remedy is not efficacious and adequate. In view of the facts and circumstances of a particular case this Court can also Interfere under Article 226 of the Constitution of India even If an alternative remedy is available because availability of alternative remedy is not an absolute bar against entertaining writ petition.