Court No. - 38
Case :- WRIT - A No. - 12678 of 2019 Petitioner :- Rakesh Kumar Nimesh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shivam Yadav,Ajay Yadav Counsel for Respondent :- C.S.C.,Jai Bahadur Singh
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 15.5.2019, whereby recovery has been ordered against the petitioner and punishment has been imposed while concluding the disciplinary enquiry.
Sri J.B. Singh appearing for the respondents points out that petitioner has statutory remedy of filing appeal under Rule 11 of the Uttar Pradesh Government Servant (Disciplinary & Appeal) Rules, 1999, and that such remedy has not been availed.
Faced with such objection Sri Shivam Yadav, learned counsel for the petitioner, comes up with the prayer to withdraw the writ petition with liberty to avail the statutory remedy.
In the facts and circumstances, this writ petition therefore is not entertained.
Leaving it open for the petitioner to pursue his remedy, as may be available in law, before the appropriate forum, this writ petition is consigned to records. It is, however, provided that in case petitioner prefers an appeal, alongwith certified copy of this order, within two weeks from today, the same shall be entertained on merits and in accordance with law.
Order Date :- 26.8.2019 Anil