Allahabad High Court
ASHISH KUMAR YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition is dismissed as not maintainable because an alternative statutory remedy of filing an appeal before the higher authority exists.
Summary
The petitioner, Ashish Kumar Yadav, challenged an order dated 17 January 2026 issued by the Managing Director of Kanpur Electricity Supply Company Limited that imposed a minor disciplinary punishment by withholding two annual increments. The respondent argued that the petition was not maintainable because the U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020 provide a specific statutory remedy of filing an appeal before a higher authority. The petitioner did not contest the existence of this alternative remedy. The Court examined the maintainability issue and held that the presence of a statutorily prescribed appeal route bars the writ petition. Consequently, the petition was dismissed as not maintainable.
Issues considered
- Whether the writ petition is maintainable in view of the availability of a statutory appeal under the U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020
Legislation cited
- U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020
Subjects
- writ petition
- maintainability
- alternative statutory remedy
- disciplinary action
- electricity supply company
- appeal under regulations
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6814 of 2026
Ashish Kumar Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kushmondeya Shahi, Saurabh
Chaturvedi
Counsel for Respondent(s) : Abhishek Srivastava, C.S.C., Usha
Kiran
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner; Smt. Usha Kiran,
learned counsel for the respondent nos. 3 and 4; Sri Abhishek
Srivastava, learned counsel for the respondent no. 2, and
learned Standing Counsel for the respondent no. 1.
2. Instant petition has been filed challenging the order dated
17.1.2026 passed by Managing Director, Kanpur Electricity
Supply Company Limited (respondent no. 3), whereby a minor
punishment has been imposed upon the petition withholding of
two annual increments with cumulative effect.
3. Learned counsel for the respondent has raised a preliminary
objection with regard to the maintainability of the instant
petition on the ground of availability of a statutory remedy to
file an appeal before the higher authority, as provided under the
U.P. Power Corporation Limited Employees (Discipline and
Appeal) Regulations, 2020.
4. Learned counsel for the petitioner has not refuted the
submission advanced by learned counsel for the respondent
with respect to the availability of an alternative remedy.
5. In the conspectus of the above, the instant petition is
dismissed as not maintainable on the ground of availability of
WRIA No. 6814 of 2026
2
an alternative remedy of filing an appeal before the higher
authority.
(Dinesh Pathak,J.)
May 6, 2026
Sushma
Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad
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