This writ petition challenging an order of punishment by the Senior Superintendent of Police was dismissed as an alternative statutory appeal remedy remained available and unavailed by the petitioner.
The writ petition was dismissed; the petitioner may pursue the alternative statutory remedy.
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Court No. - 40
Case :- WRIT - A No. - 5489 of 2020
Petitioner :- Vaishalini Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ind Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of punishment, passed by Senior Superintendent of Police, Varanasi, dated 12.9.2017 is challenged in the present writ petition.
Learned Standing Counsel points out that the petitioner has a remedy of preferring an appeal under Rules 20 and 23 of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rule, 1991.
Since the alternative statutory remedy available to the petitioner has not been availed of this writ petition is not liable to be entertained and consequently it is dismissed.
However, dismissal of this writ petition will not preclude the petitioner from pursuing the remedy as may be available to her in accordance with law.
Order Date :- 22.9.2020 Ranjeet Sahu
1 issue framed by the court
Whether this writ petition should be entertained when an alternative statutory remedy is available.
Vaishalini Mishra
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
