KRISHNA KUMAR GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) LEARNED counsel for the petitioner Sri B.C.Saxena argues that the matter is not cognizable by Public Services Tribunal as Section 4 of the U. P. Public Services Tribunal is attracted only when a public servant has been dealt with in a manner which is not in conformity with rules etc. The petitioner is being denied promotion and also being denied considerations for promotion but no express orders have been passed in the case. As such the stage for making reference to the Tribunal has not arisen. We are unable to agree with this contention. A public servant may be "dealt with" in a manner which is not in conformity with law not only when an adverse order has been expressly passed against him but also when orders are required to be passed and the authorities omit or neglect to pass the orders required in his case in accordance with rules. Even under the General Clauses Act the word "act" includes an omission. Although the word "act" has not been used in section 4 the words "deal with" are equally comprehensive and comprise cases where express orders have been passed in a case and also where requisite orders have not been passed. We therefore hold that a petition would lie under section 4 before the tribunal.

(2.) IN view of the existence of this alternative remedy we decline to entertain the petition. Petition dismissed.