Court No. - 39
Case :- SPECIAL APPEAL No. - 185 of 2018 Appellant :- Vijay Singh Sweeper (Class Iv Employee) Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Vijay Gautam,Ambarish Chatterji,Atipriya Gautam Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal has been filed against the judgment and order dated 22 December 2017 by which the writ petition that was filed for quashing the order dated 7 March 2017 terminating the services of the petitioner had been dismissed.
It transpires that the writ petitioner was appointed as a sweeper at Etawah, Safari Park, Etawah on 16 January 2015 on probation for a period of one year. The period of probation was extended up to the year 2016-17 so that he could improve his conduct. It transpires that earlier disciplinary proceedings had been initiated against the writ petitioner for the reason that he remained absent without leave for a long period and an order dated 8 October 2016 was passed imposing certain punishments upon him. Despite this, the conduct of the petitioner did not improve as he again remained absent unauthorisedly from November 2016 till the order dated 7 March 2017 was passed.
The learned Judge dismissed the writ petition for the reason that as the writ petitioner was on probation, no stigma was attached to the order.
Number of submissions raised by learned counsel for the appellant to assail the order dated 7 March 2017, but it transpires that the petitioner had a statutory alternative remedy available under the provisions of the U.P. Government Servant (Discipline & Appeal) Rules, 1999 to which reference has also been made in paragraphs 23 and 24 of the writ petition. The said rules provide for filing of a statutory appeal and this is what has also been submitted by learned Standing Counsel appearing for the respondents.
In view of a statutory alternative remedy being available to the writ petitioner, we do not consider it appropriate to examine the submissions advanced by learned counsel for the appellant against the termination order.
We accordingly, grant liberty to the appellant to file an appeal against the termination order as contemplated under the relevant rules.
The writ petition and the Special Appeal stand disposed of. It is, however, made clear that any observation made by the learned Judge in the impugned judgment shall not be taken into consideration by the Appellate Authority while deciding the appeal.
Order Date :- 24.4.2018 Sartaj (Dilip Gupta,J.) (Neeraj Tiwari,J.)