Court No. - 16
Case :- WRIT - A No. - 21129 of 2018 Petitioner :- Smt. Kamsin Jahan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- J.S. Baghel Counsel for Respondent :- C.S.C.,Manu Saxena
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for petitioner and learned counsel for respondents.
2. Learned counsel for respondents, Mr. Manu Saxena has referred to U.P. Municipal Board Servants (Inquiry, Punishment and Termination of Service)Rules, 1960 under which Rules petitioner's services have been dispensed with and order of dismissal has been passed. He says that an order passed under the said Rules of 1960 is appealable under the U.P. Municipal Servants Appeals Rules, 1967. Under Rule - 3 of the 1967 Rules the Commissioner of Division can set aside an order of punishment passed by the president of a municipality.
3. The petitioner has not approached the appellate authority and has directly filed this writ petition. The petitioner has appropriate statutory remedy of appeal.
4. This Court, therefore, directs the petitioner to avail the statutory remedy of filing appeal before the Commissioner of Division, who shall consider the same and pass appropriate orders thereon on merits and shall not dismiss the same only on the ground of delay.
5. The writ petition is disposed off.
Order Date :- 30.10.2018 LBY