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1992 DIGILAW 927 (ALL)

Ram Narain Tlwari v. U. P. S. R. T. C

1992-07-17

S.H.A.RAZA

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JUDGMENT S.H.A. Raza, J. - This writ petition is directed against the order of removal of the petitioner from the services. 2. The petitioner, a Stenographer posted at Jhansi attached to the then Regional Manager, has been removed from service vide order dated 9-4-1990 passed by opposite party No. 4 under the seal and signature of opposite party No. 3 in a must unjust and prejudicial manner, after tho departmental enquiry on the charge that ho forged five transfer orders at Moradabad and personally went to Shahjanpur to get the orders of transfer implemented. The Enquiry Officer has found the petitioner guilty of the charges levelled against him. His appeal was also dismissed. 3. After perusing the averments of the petitioner in the writ petition as well as the counter-affidavit, Enquiry Report and the orders passed by the appellate authority, this Court is of the view that the determination of the certain facts are necessary in this case for the disposal of the writ petition. 4. The petitioner has not availed the alternative remedy provided under U.P. Public Services Tribunal Act, where all those question of facts could have been looked and adjudicated upon. This case involves the determination of the certain facts, which cannot be done in the writ petition. 5. In view of what has been indicated herein above the writ petition is dismissed on the ground of non availability of alternative remedy. It will be open for the petitioner to approach before the U. P. Public Services Tribunal by filing the claim petition. In case any claim petition is filed the U.P. Public Services Tribunal will decide the same expeditiously, say, within one year from the date of the filing of the claim petition.