WPSS/204/2021
2021 Latest Caselaw 290 UK

WPSS No.204 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Pooran Singh Rawat, Advocate, for the petitioner.

Mr. B.P.S. Mer, Brief Holder, for the State/respondent nos.1 to 4.

Petitioner had earlier approached this writ court against the order of termination on the ground that her services were terminated without compliance of Rule 7 of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003.

Consequently, this Court vide its judgment and order dated 10.07.2020 rendered in WPSS No.661 of 2020 "Vipin Prakash Sharma Vs. State of Uttarakhand & others" had allowed the writ petition and remitted back the matter to the respondents to comply with the aforesaid order and then pass appropriate orders, so far it relates to the petitioner.

Consequent to it, the present impugned order of termination has been passed.

Since the petitioner herself has invoked the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, by which any order of termination passed under the said Rule of 2003, has been made appealable under Rule 11 of Rules, to the next superior authority, consequently this writ petition is being dismissed, on grounds the availability of the appellate forum to the petitioner to approach an appellate authority against the order of her termination.

(Sharad Kumar Sharma, J.) Vacation Judge 25.01.2021 Nitesh/