Petitioner challenging termination order agreed alternative remedy. Court remitted matter to appellate authority to decide appeal within two months without considering delay, requiring production of certified order copy.
Matter remitted to competent appellate authority to decide the appeal on merits within two months without raising delay.
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Court No. - 83
Case :- WRIT - A No. - 8568 of 2020
Petitioner :- Vijai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Pathak Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Learned Standing Counsel for the State - respondents submits that the petitioner has alternative remedy of taking the order of termination in appeal before the competent appellate authority under the provisions of Rule 11 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
Sri Rakesh Pathak, learned counsel for the petitioner in his usual fairness does not have any dispute to the aforesaid proposition of law. He recasts his relief.
Sri Rakesh Pathak, learned counsel for the petitioner submits that the petitioner shall file an appeal within a period of one month. Only prayer made by the learned counsel for the petitioner is that the appeal may be decided within a stipulated period of time.
Learned Standing Counsel for the State - respondents does not have any dispute to the aforesaid prayer on merits.
Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.
In light of the submissions made at the bar by the
learned counsel for the parties, the matter is remitted to the competent appellate authority under the provisions of Rule 11 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
The competent appellate authority is directed to execute the following directions:
I. The petitioner shall file the appeal against the order of termination within one month.
II. In case the appeal is filed in the stipulated period of one month, the competent appellate authority shall decide the appeal on merits without going into the issue of delay.
III. The competent appellate authority shall decide the appeal within a period of two months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad along with memo of appeal.
The computer generated copy of such order be self attested by the counsel of the party concerned and the Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 3.11.2020 Ashish Tripathi
2 issues framed by the court
Whether the petitioner should be directed to pursue the alternative remedy of filing an appeal before the competent appellate authority instead of continuing with the writ petition.
Whether the competent appellate authority should be directed to decide the appeal within a stipulated period and without considering delay as an issue.
1 provisions across 1 enactments
Vijai
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
