Allahabad High Court
AMIT KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The writ petition is not maintainable because an alternative statutory remedy for appeal exists.
Summary
The petitioner Amit Kumar challenged an order dated 11-12-2025 issued by the Managing Director of Kanpur Electricity Supply Company Limited that imposed a minor punishment by withholding five annual increments. The respondent argued that the petitioner had an alternative statutory remedy under the U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020, to appeal the disciplinary order. The petitioner did not contest the existence of this alternative remedy. The Court examined whether the writ petition was maintainable in view of the availability of the statutory appeal. Finding that the statutory remedy was indeed available, the Court held that the writ petition was not maintainable. Consequently, the petition was dismissed.
Issues considered
- Whether the writ petition is maintainable when a statutory appeal under the U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020 is available
Legislation cited
- U.P. Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020
Subjects
- writ petition
- maintainability
- alternative remedy
- disciplinary action
- statutory appeal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6833 of 2026
Amit Kumar
.....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 State-respondent no. 1.
2. Instant petition has been filed challenging the order dated
11.12.2025 passed by Managing Director, Kanpur Electricity
Supply Company Limited (respondent no. 3), whereby a minor
punishment has been imposed upon the petitioners withholding
of five annual increment with cumulative effect.
3. Learned counsel for the respondent has raised a preliminary
objection with regard to the maintainability of the instant writ
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 writ instant petition is
dismissed as not maintainable on the ground of availability of
WRIA No. 6833 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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