Case Note & Summary
The case involved an appeal by a government servant who was dismissed from service following a departmental enquiry. The appellant, Khursheed Anwar Khan, was serving as an Arms Clerk and was dismissed effective from 20.09.2004. He initially challenged his dismissal through a Writ Petition in the High Court of Judicature at Allahabad, which was dismissed on 10.03.2005 due to the availability of an alternative remedy of departmental appeal. Instead of pursuing the departmental appeal, the appellant filed a Special Appeal before the Division Bench of the High Court, which was dismissed on 06.04.2006. During the proceedings, the appellant's counsel sought permission to file an appeal in the department, but this request was denied by the Division Bench. The Supreme Court noted that under Rule 11 of the U.P. Government Servant (Punishment and Appeal) Rules, 1999, the appellant had the right to file an appeal against the dismissal. Although the appellant did not avail himself of this remedy in a timely manner, the court recognized the importance of allowing the appellant to challenge the dismissal. The Supreme Court permitted the appellant to file an appeal to the Appellate Authority within four weeks and directed that the appeal be considered and disposed of on merits in accordance with law. The court clarified that it had not expressed any opinion on the merits of the case. The appeal was disposed of without any order as to costs.
Headnote
A) Administrative Law - Dismissal from Service - Right to Appeal - U.P. Government Servant (Punishment and Appeal) Rules, 1999, Rule 11 - The appellant was dismissed from service and sought to challenge the dismissal after not availing the departmental appeal remedy in time. The court permitted the appellant to file an appeal to the Appellate Authority, emphasizing the right to challenge the dismissal under the relevant rules, and directed the Appellate Authority to consider the appeal on merits. Held that the appellant should be allowed to pursue the appeal (Paras 1-2).
Issue of Consideration
Whether the appellant could challenge the dismissal order despite not availing the alternative remedy of departmental appeal in a timely manner.
Final Decision
The Supreme Court permitted the appellant to file an appeal to the Appellate Authority within four weeks and directed that the appeal be considered and disposed of on merits in accordance with law.
Law Points
- Departmental enquiry
- dismissal from service
- alternative remedy
- appeal process
- U.P. Government Servant (Punishment and Appeal) Rules
- 1999
