Varun Saini vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has challenged the termination order dated 30.12.2023 (dispatched on 01.01.2024) issued by respondent No.3, by which his services was terminated and further other ancillary reliefs to re-instate him on the post of Assistant Teacher L.T. Grade (Mathematics) in Government Higher Secondary School, Mundhol (Chakrata), District Dehradun.

It is the case of the petitioner that the petitioner was appointed as Assistant Teacher (L.T.) Mathematics with the respondent department on 06.09.2005 under the General Category.

On certain complaints, which was not served to the petitioner, Special Investigation Team (SIT) was constituted and on the basis of the report of the SIT, the petitioner was proceeded in the departmental inquiry. In the departmental proceeding, the petitioner was issued charge sheet and he was called upon to submit his explanation, which was submitted by the petitioner, and finally, after appointment of inquiry officer and on assessment of the inquiry report, the service of the petitioner was terminated.

Petitioner has approached this Court challenging the said termination order as stated above.

It is the contention of the learned senior counsel appearing for the petitioner that no disciplinary proceeding should have been conducted against the petitioner only on the premise that the petitioner has allegedly submitted an invalid permanent resident certificate and before inflicting the punishment, no inquiry report was ever supplied to him.

It is the contention of the learned senior counsel for the petitioner that the permanent resident certificate was never required for the purpose of appointment on the post of Assistant Teacher (L.T. Grade) and, further, it has also been contended that the permanent resident certificate issued to the petitioner and submitted by him, was a valid certificate issued prior to the issuance of Government Order dated 20.11.2001. Thus, it cannot be said that the certificate which was issued, was not in accordance with the Government Order dated 20.11.2001, and, therefore, was invalid certificate according to the case of the respondent-State.

In view of the Government Order dated 20.11.2001, the permanent resident certificate dated 25.05.2001 was not a valid one, as per the respondents.

Per contra, learned State Counsel has raised a preliminary objection that the order impugned by which the services of the petitioner was terminated, is appealable under Rule 11 of the Uttarakhand Government Servant (Discipline and Appeal) Rule, 2003, and, therefore, petitioner cannot come in the present writ petition bypassing the statutory remedy of appeal available to him.

Without touching the merits of the case, writ petition is dismissed on the ground of alternative statutory remedy of appeal appealable to the petitioner.

Pending application(s), if any, stands disposed of accordingly.