Gauri Shanker Shukla vs State of U.P. and Others

Dilip Gupta, J.—The Petitioner who is a Sub-Cashier at Ghatampur Treasury in District Kanpur has sought the quashing of the order dated 26th June, 2010 passed by the District Magistrate, Kanpur Nagar by which not only his services have been terminated but certain amount has also been directed to be recovered from the Petitioner. The Petitioner has also sought the quashing of the order dated 8th September, 2010 passed by the Commissioner, Kanpur Region, Kanpur by which the Appeal filed by the Petitioner against the aforesaid order was dismissed.

The records of the writ petition indicate that the Petitioner had earlier filed Writ Petition No. 38035 of 2010 for setting aside the order dated 26th June, 2010 passed by the District Magistrate which petition was dismissed with the following observations:

This writ petition is dismissed with the observation that in case the Petitioner files an appeal within a period of one week before the appellate authority, the appellate authority is directed to decide the appeal on merit within a period of two months after affording full opportunity taking into consideration the points raised by the Petitioner.

In the mean time, it is open to the Respondents to pay the suspension allowance, if it has not been already paid to the Petitioner.

It is further provided that the recovery, if any, against the Petitioner may not be made till the decision of the appeal.

No order is passed as to costs."

The Commissioner has now dismissed the Appeal filed by the Petitioner.

Sri Ashok Khare, learned Senior Counsel for the Petitioner assisted by Sri K.C. Shukla has raised a number of submissions for setting aside the aforesaid two orders but the learned Standing Counsel appearing for the Respondents states that the Petitioner has yet another statutory alternative remedy of filing a Revision u/s 13 of the U.P. Government Servant (Discipline & Appeal) Rules, 1999.

In view of the statutory alternative remedy being available to the Petitioner, the Court declines to entertain this petition.

The writ petition is, accordingly, dismissed. However, as was provided in the judgment and order dated 3rd July, 2010, it is provided that in case the Petitioner files a Revision within a period of two weeks from today, the Revisional Authority shall decide the Revision within two months thereafter but till the revision is decided, recovery shall not be made from the Petitioner.