JUDGEMENT
RAKESH TIWARI, J. -
(1.)HEARD learned counsel for the parties and perused the record.
The petitioner was a temporary
Mazdoor working at Ghaziabad. His
services have been terminated vide order
dated 26.10.2004 after enquiry. In the
enquiry proceedings, it has been found
that the petitioner had obtained
appointment by fraud by preparing
fictitious documents.
(2.)IN the present case, services of the petitioner were terminated as far back as
in October, 2004 by the impugned order.
There is serious dispute about the fact as
to whether the petitioner obtained
appointed by preparing forged and
fictitious documents or not. A preliminary
objection has been raised that writ petition
is not maintaible as the petitioner has an
alternate and efficacious remedy before
the Labour Court.
Counsel for the petitioner has relied upon a Division Bench decision of
this Court in Jitendra Nath Srivastava v.
Union of India (2002) 2 UPLBEC-1453
wherein the Court had interfered in the
order of termination. In that case also, the
writ petitioner had come through Central
Administrative Tribunal.
(3.)HE has also relied upon a decision in Anupam Dubey V. Sachiv, Basic
Siksha Parishad-(2004)2 UPLBEC-1743.
It was a case where the petitioner was
given compassionate appointment under
the Dying in Harness Rules and his
services were terminated on the charge
that he obtained the appointment by
producing forged certificates. In fact, his
father was never employed in the
Education Department.
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