OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A. M. Zaidi, learned counsel for the appellant and learned standing counsel.

(2.) This special appeal has been filed against the impugned order of learned single Judge dated 10.5.2004. By that judgment, the learned single Judge dismissed the writ petition on the ground of alternative remedy before the U. P. Public Services Tribunal.

(3.) It may be mentioned that the U. P. Public Services Tribunal Act, 1976, was amended in the year 2000. According to the amendment there must be some order against which the petitioner can go to the Tribunal. If there is no order, a party cannot go to the Tribunal. This view was also taken by the Supreme Court in Public Service Tribunal Bar Association v. State of U. P. and Anr., 2003 (2) AWC 968 (SC) : (2003) 1 UPLBEC 780.