KUMAR BHUPENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition has been filed challenging the order dtd. 14/1/2021 passed by the Special Secretary, Appointment Sec. - 3, Government of Uttar Pradesh, Lucknow by which the petitioner has been reverted to the post of Tehsildar from the post of Deputy District Magistrate.

(2.) At this stage, it is relevant to note that during the arguments in the case, the Standing Counsel had opposed the writ petition on grounds of availability of alternative remedy of appeal to the petitioner under Rule 11 of the Rules, 1999. However, as the petition was pending in this Court since February, 2021 and affidavits in the case had been exchanged, therefore, in view of the judgment of the Supreme Court in Dr. (Smt.) Kuntesh Gupta vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (U.P.) and Ors. 1987 (4) SCC 525, the objections of the Standing Counsel regarding maintainability of the writ petition on grounds of availability of alternative remedy to the petitioner were rejected and the petition was heard on merits.

(3.) The facts of the case are that the petitioner was initially appointed as Naib Tehsildar in March, 1996, was promoted to the post of Tehsildar in January, 2008 and on 11/5/2016, he was promoted as Deputy Collector / Deputy District Magistrate / Sub-Divisional Magistrate. From 29/5/2016 to 3/9/2016, the petitioner was posted as Sub-Divisional Magistrate, Sardhana, District Meerut.