R.P.N Tewari v. State Of U.P And Others

1. The petitioner is a U.P Government servant who is challenging a suspension order. In view of our judgment in Civil Misc. Writ Petition No. 37315 of 2003 U.P.E.S.I Medical Services Association v. State of U.P decided on 27-8-2003 which has followed the judgment of the Supreme Court in Secretary, Minor Irrigation and Rural Engineering Services, U.P v. Sahngoo Ram Arya, (2002) 5 SCC 521 : AIR 2002 SC 2225 : (2002 All LJ 1470) (vide paragraph 12) this petition is dismissed on the ground of alternative remedy before the U.P Public Service Tribunal. However, we are of the opinion that a Bench of the U.P Public Service Tribunal should be created as soon as possible at Allahabad also.

2. At present there is only one Bench which sits at Lucknow and this is creating great hardship to the litigants who have to come to Lucknow from far places. There are highly competent and learned counsels at Allahabad who have good knowledge of service law and the services of such counsels will be available to the litigations if a Bench of the Tribunal is opened at Allahabad. Allahabad has been a seat of legal learning and this legal learning should be available to the litigants of the State.

3. It may be mentioned that the Central Administrative Tribunal has seats both at Allahabad and Lucknow and hence in our opinion the U.P Public Service Tribunal should also have seats both at Lucknow and Allahabad and the litigants of U.P should have the choice to file their petitions either at Allahabad or at Lucknow.

4. The Chairman of the Tribunal should have also power to transfer the petitions from Lucknow to Allahabad and vice versa.

5. We, therefore, strongly recommend to the U.P Government to set up a Bench of the Tribunal at Allahabad as soon as possible.

6. Let the Registrar General of this Court send a copy of this judgment forthwith to the Chief Secretary and Principal Law Secretary U.P and also to the Chairman, U.P Public Service Tribunal Hon'ble Mr. Justice D.R Chaudhary.

7. A copy of this order to given to the learned Standing Counsel free of charge within three days and he shall also send a copy of this judgment to the above authorities.

8. Order accordingly.