Court No. - 27
Case :- WRIT - A No. - 30360 of 2015 Petitioner :- Smt. Vidyawati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun K. Singh-I Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
Heard Sri Arun K. Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition the petitioner has prayed for quashing of the order dated 07.05.2015, whereby the services of the petitioner have been terminated by the respondent no.2.
It is submitted by learned counsel for the petitioner that the petitioner was selected as Anganbadi worker as Scheduled Caste candidate in the year 1993 and was appointed at Anganbadi Center Pirad Nangal, Saharanpur. She was promoted as supervisor (Mukhya Sewika) on temporary basis on 19.05.2006 and subsequently she became permanent in due course of time.
It is further submitted that on the basis of a complaint dated 16.06.2009 alleging that the High School educational certificate submitted by the petitioner is forged, the respondent no.2- Director, Bal Vikas Seva Evam Pushtahar, U.P. Lucknow has terminated the services of the petitioner vide order dated 07.05.2015 without conducting any inquiry and affording any opportunity to the petitioner. He states that even the inquiry report was not supplied to the petitioner.
However, learned Standing Counsel has raised a preliminary objection that against the impugned termination order, the petitioner has a statutory remedy of filing an appeal under the provisions of Rule 11 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
Leaned counsel for the petitioner does not dispute the said proposition and intends to avail the statutory remedy of appeal.
In view of the facts and circumstances of the case, the writ petition is disposed off with the consent of the parties giving liberty to the petitioner to submit an appeal within 15 days from today before the appellate authority. In case, such an appeal is filed by the petitioner, the appellate authority shall treat the appeal on time and decide the same on merits, in accordance with law and the relevant rules, within a period of three months from the date of filing of appeal alongwith a certified copy of this order.
Order Date :- 21.8.2019 Lbm/-