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Judgment
P.P. Bhatt
Heard the learned counsel for the parties. With the consent of the learned counsel for the parties, this writ petition is being disposed of at the stage of admission itself.
The petitioner, by way of filing this writ petition under Article 226 of the Constitution of India, has prayed for quashing of the order of dismissal dated 9.5.2003 passed in departmental proceeding. According to the petitioner, the Departmental Proceedings were conducted in clear contravention of principle of natural justice and the requisite documents, though he applied for, were not supplied by the respondent authorities.
As against this, learned counsel appearing for the State submitted that the petitioner has approached this Court without availing alternative efficacious remedy of preferring an appeal and therefore, this writ petition should not be entertained at this juncture.
Considering the rival submissions of the learned counsel for the parties and from perusal of the papers, it appears that the present petitioner has challenged the order of dismissal passed in Departmental Proceedings without availing the alternative efficacious remedy as contained in Chapter-VII of the Manual of Departmental Proceeding, in which, there is a provision of preferring an appeal against the order passed in Departmental Inquiries and therefore, the present writ petition deserves to be dismissed on that ground alone. However, the petitioner is at liberty to prefer an appeal against the order impugned as provided in Chapter-VII of Manual of Departmental Proceeding and take/raise all grievances which have been raised before this Court. It is further clarified that if any time limit is prescribed in preferring the appeal, the delay in filing the appeal, which has been occurred during the pendency of this petition may be condoned.
Since the order of dismissal is of the year 2003, the petitioner shall approach the appellate authority within four weeks from the date of this order and upon filing of such appeal, the appellate authority shall decide the said appeal in accordance with law within four months thereafter. It is expected from the appellate authority that the principle of natural justice will be observed and accordingly proper opportunity of being heard will be given to the petitioner.
With these above observations, this writ petition stands disposed of with no order as to cost.