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Allahabad High Court

MOHD. MUSTKEEMversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is not maintainable because an efficacious alternative remedy of revision exists under the applicable service regulations.

Summary

The petitioner, Mohd. Mustkeem, challenged his dismissal from service by a disciplinary authority, a decision that was affirmed by an appellate authority. He filed a writ petition in the Allahabad High Court seeking relief. The respondents raised a preliminary objection, contending that the petitioner had an efficacious alternative statutory remedy under Regulation 69-A of the U.P. State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981, and therefore the writ petition was not maintainable. The petitioner did not rebut this objection. Consequently, the Court dismissed the writ petition on the ground of non‑maintainability due to the availability of the alternative revision remedy.

Issues considered

  • Whether a writ petition is maintainable when an alternative statutory remedy of revision under Regulation 69-A is available.

Legislation cited

  • U.P. State Road Transport Corporation Employees (other than Officers) Service Regulations, 1981 — s. Regulation 69-A

Subjects

  • service dismissal
  • disciplinary proceedings
  • writ jurisdiction
  • maintainability
  • alternative remedy
  • revision
  • administrative law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - A No. - 13942 of 2026

                                    Mohd. Mustkeem
                                                                                                        .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                 :    Aditendra Singh, Mohd. Yaseen
                                    Counsel for Respondent(s)                 :    C.S.C., Sunil Kumar Misra

                                    Court No. - 32
                                                           HON'BLE DINESH PATHAK, J.

                                    1. Heard learned counsel for the parties.

                                    2. The petitioner is aggrieved by the order dated 15.07.2025 passed by the
                                    Disciplinary Authority, affirmed by the order dated 30.07.2026 passed by
                                    the Appellate Authority, whereby he has been dismissed from service.

                                    3. Sri Sunil Kumar Misra, learned counsel appearing for the respondent
                                    Nos. 2, 3 and 4 has raised a preliminary objection as to the maintainability
                                    of the instant writ petition on the ground of availability of an efficacious
                                    alternative statutory remedy of filing a revision under Regulation 69-A of
                                    the U.P. State Road Transport Corporation Employees (Other than Officers)
                                    Service Regulations, 1981.

                                    4. Learned counsel for the petitioner has not refuted the submissions
                                    advanced by learned counsel for the contesting respondents.

                                    5. As such, the instant writ petition is dismissed as not maintainable on
                                    the ground of availability of an efficacious alternative remedy of revision, as
                                    mentioned above.

                                    September 8, 2026
                                    vkg
                                                                                                    (Dinesh Pathak,J.)




Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad


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