Allowed

vijay singh sweeper (class iv employee) v. state of u.p. and 3 others

Allahabad HC24 Apr 2018SPLA/185/2018

Case brief

AI extract

What is this about?

Special Appeal dismissing a petition for quashing a termination order. Court held statutory appeal under U.P. Government Servant (Discipline & Appeal) Rules, 1999 was available. Appeal dismissed with liberty to file statutory appeal. Impugned observations excluded from future appeal.

What did the court decide?

Statutory appeal directed; observation made in impugned judgment exempted from consideration by Appellate Authority.

vijay singh sweeper (class iv employee) Vs… — Pension and Retirement Benefits | Allahabad HC (2018)

¶1

Court No. - 39

¶2

Case :- SPECIAL APPEAL No. - 185 of 2018

¶3

Appellant :- Vijay Singh Sweeper (Class Iv Employee) Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Vijay Gautam,Ambarish Chatterji,Atipriya Gautam Counsel for Respondent :- C.S.C.

¶4

Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

¶5

This Special Appeal has been filed against the judgment and order dated 22 December 2017 by which the writ petition that was filed for quashing the order dated 7 March 2017 terminating the services of the petitioner had been dismissed.

¶6

It transpires that the writ petitioner was appointed as a sweeper at Etawah, Safari Park, Etawah on 16 January 2015 on probation for a period of one year. The period of probation was extended up to the year 2016-17 so that he could improve his conduct. It transpires that earlier disciplinary proceedings had been initiated against the writ petitioner for the reason that he remained absent without leave for a long period and an order dated 8 October 2016 was passed imposing certain punishments upon him. Despite this, the conduct of the petitioner did not improve as he again remained absent unauthorisedly from November 2016 till the order dated 7 March 2017 was passed.

¶7

The learned Judge dismissed the writ petition for the reason that as the writ petitioner was on probation, no stigma was attached to the order.

¶8

Number of submissions raised by learned counsel for the appellant to assail the order dated 7 March 2017, but it transpires that the petitioner had a statutory alternative remedy available under the provisions of the U.P. Government Servant (Discipline & Appeal) Rules, 1999 to which reference has also been made in paragraphs 23 and 24 of the writ petition. The said rules provide for filing of a statutory appeal and this is what has also been submitted by learned Standing Counsel appearing for the respondents.

¶9

In view of a statutory alternative remedy being available to the writ petitioner, we do not consider it appropriate to examine the submissions advanced by learned counsel for the appellant against the termination order.

¶10

We accordingly, grant liberty to the appellant to file an appeal against the termination order as contemplated under the relevant rules.

¶11

The writ petition and the Special Appeal stand disposed of. It is, however, made clear that any observation made by the learned Judge in the impugned judgment shall not be taken into consideration by the Appellate Authority while deciding the appeal.

¶12

Order Date :- 24.4.2018 Sartaj

¶13

(Dilip Gupta,J.)

¶14

(Neeraj Tiwari,J.)

vijay singh sweeper (class iv employee) v. state of u.p. and 3 others

Case brief

What is this about?

What did the court decide?

vijay singh sweeper (class iv employee) v. state of u.p. and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

smt. shaheda bano Vs State of U.P. and 5 others

Mohan Kumar Sharma Vs Ircon Inter National Limited and 2 Others

Nilam Kumari Vs State of U.P. and Anr.

Rakesh Kumar Gangwar Vs State of U.P. and Others

Major Dr. Parsuram Gupta Vs Union of India and 2 Others

Anul Haq Ansari Vs State of U.P. and Others