Heard learned counsel for the petitioner, learned Standing and Sri P.K. Sinha, learned counsel appearing for respondents No.2 to 4.
With the consent of the learned counsel for the parties, the writ petition is being finally decided.
At the very outset, learned counsel for the respondents No.2 to 4 has taken a preliminary objection that against the order impugned in the writ petition dated 4.5.2018, the petitioner has remedy of filing an appeal before the Board of Director/Appellate Authority, U.P. Schedule Caste Finance and Development Corporation Limited, Lucknow i.e. respondent No.4 under the provisions of Rule 4(ii) of the U.P. Schedule Caste Finance and Development Corporation Limited Employees Service Rules.
On the other hand, learned counsel for the petitioner submits that an appeal has been filed by the petitioner on 5.6.2018, a copy of which has been filed as Annexure-12 to the petition, before the Chairperson of the U.P. Schedule Caste Finance and Development Corporation yet the said appeal has not been decided. He thus contends that once admittedly the appeal has been filed by the petitioner before the Chairperson of the U.P. Schedule Caste Finance and Development Corporation Limited, consequently it was obligatory on the part of the Chairperson on finding himself not competent to decide the appeal, to have remitted the appeal to the competent authority.
Having heard the learned counsel for the contesting parties and having perused the record, what clearly comes out is that the petitioner has submitted an appeal against the impugned order dated 4.5.2018. However, instead of submitting the appeal before the respondent No.4, the same has been submitted to the Chairperson of the U.P. Schedule Caste Finance and Development Corporation. In case the petitioner had submitted an appeal to an incorrect authority, it was in the fitness of things that the said authority should have remitted the appeal to the competent authority.
Accordingly, the writ petition is disposed of requiring the Chairperson of the U.P. Schedule Caste Finance and Development Corporation Limited to remit the appeal of the petitioner dated 5.6.2018 (Annexure-12 to the writ petition) to the respondent No.4 within a period of two weeks from the date of receipt of a certified copy of this order. Thereafter the Board of Director/respondent No.4 shall decide the said appeal on merits in accordance with law and the relevant rules within a further period of two months and the said appeal would not be rejected on the ground of delay.
Order Date :- 30.7.2019 Rakesh (Abdul Moin, J.)