Allahabad High Court
DEEPENDRA KUMARversusSTATE OF UP AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is dismissed as the petitioner has an alternative statutory remedy under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991.
Summary
The petitioner, Deependra Kumar, challenged a punishment order dated 07.02.2026 issued by the Deputy Police Commissioner, Agra. The court was informed that the petitioner could appeal the order under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991. The petitioner’s counsel admitted the availability of this statutory remedy. Consequently, the court held that the writ petition was not maintainable because an alternative remedy existed. The petition was dismissed, with a direction that the petitioner may file the statutory appeal within three weeks, and the appellate authority must decide it within three months.
Issues considered
- The writ petition is maintainable when an alternative statutory appeal under Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment And Appeal) Rules, 1991 is available.
Legislation cited
Subjects
- writ petition
- alternative remedy
- statutory appeal
- maintainability
- police disciplinary action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5563 of 2026
Deependra Kumar
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Divya, Veerendra Kumar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. The punishment order dated 07.02.2026 passed by the respondent
no.3/Deputy Police Commissioner, Head Quarter Commissionerate, Agra
is under challenge.
2. Today when the matter is taken up, a preliminary objection has been
raised by learned Standing Counsel that against the order impugned, an
alternative remedy is available to the petitioner to file appeal before the
Appellate Authority as provided under Rule 20 of The Uttar Pradesh
Police Officers of the Subordinate Ranks (Punishment And Appeal)
Rules, 1991 and the present petitioner is not maintainable.
3. This fact is also admitted by learned counsel for the petitioner.
4. Accordingly, the writ petition is dismissed on the ground of availability
of statutory remedy.
5. Needless to say that in case, the petitioner will file statutory appeal
Rule 20 of the Uttar Pradesh Police Officers of the Subordinate Ranks
(Punishment And Appeal) Rules, 1991 before the Appellate Authority
within three weeks from today along with certified copy of this order. In
case the petitioner does so, the Appellate Authority will decide the same
WRIA No. 5563 of 2026
2
within next three months strictly in accordance with law.
(Prakash Padia,J.)
April 20, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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