Nitesh Kumar vs State Of U.P. And Others
2012 Latest Caselaw 2464 ALL

Citation : 2012 Latest Caselaw 2464 ALL
Judgement Date : 1 June, 2012

Allahabad High Court

Nitesh Kumar vs State Of U.P. And Others on 1 June, 2012

Bench: Amreshwar Pratap Sahi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 58
 

 
Case :- WRIT - A No. - 29039 of 2012
 

 
Petitioner :- Nitesh Kumar
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- J.B. Singh
 
Respondent Counsel :- C.S.C.,Mahesh Narain Singh
 

 
Hon'ble Amreshwar Pratap Sahi,J.

The petitioner is a Safai Karmchari. His services have been terminated by the impugned order. Learned counsel for the petitioner submits that the same is in violation of principles of natural justice on the basis of an ex-parte enquiry and report as well as a spot inspection. In the circumstances, the order being in violation of principles of natural justice, the same deserves to be set aside.

Learned Standing Counsel submits that the Safai Karmcharis have been given the status of a government servant by virtue of the Government Order dated 11th April, 2008 read with the Government Order dated 6th June, 2008. He therefore contends that the services of the petitioner would be governed by the 1999 Rules.

According to the said rules, against the order of punishment, the petitioner has an alternative remedy of filing an appeal. The apex court in the case of Nivedita Sharma Vs. Cellular Operators Assn. of India & others, Civil Appeal No.10706 of 2011 (Arising out of SLP (C) No.17213 of 2010) has recently ruled that when an alternative remedy is available then the court should insist availing of such remedy. Learned counsel submits that the petitioner's case falls within the exception of such a rule as natural justice has been violated.

In my opinion, this ground of natural justice can also be taken in the grounds of appeal to be filed before the appropriate authority. In the event the petitioner files an appeal before the Deputy Director, Panchayat, the same shall be considered and disposed of in accordance with rules, provided the same is filed within three weeks from today, and shall be disposed of within two months thereafter.

Order Date :- 1.6.2012

Sahu