Court No. - 58
Case :- WRIT - A No. - 15786 of 2018 Petitioner :- Pancham Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Raj,Ramsagar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 14.8.2017 removing the petitioner from the post of Home Guard. The order has been passed by the District Commandant Homeguards, Sant Ravidas Nagar. Various infirmities in the order has been pointed out by learned counsel for the petitioner.
Learned Standing Counsel has raised preliminary objection that there is an alternative remedy for the petitioner to file an appeal before Divisional Commandant Home Gaurd, Kanpur Division, Kanpur as provided by Government Order dated 2nd December 2016 vide G.O. No. 57/2016/2455/95-16-332 hoga/16.
Considering the aforesaid objection raised, there is no reason to entertain the writ petition at this stage.
In the facts and circumstances, this writ petition stands disposed of permitting the petitioner to approach respondent no.2, by filing an appeal in terms of the Government Order, which shall be considered by the authority concerned, within a period of two months from the date of presentation of certified copy of this order alongwith appeal. In case the appeal has already been filed, the same shall be taken note of and decided within the aforesaid period.
Order Date :- 30.7.2018 Anil