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GIRWAR SINGH versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Girwar Singh v. State Of U.P. And Another - WRIT - A No. 3567 of 2007 [2007] RD-AH 1330 (24 January 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                              Court No. 38

Civil Misc. Writ Petition No. 3567 of 2007

Girwar Singh

Versus

State of U.P. and  another.

Hon'ble V.K. Shukla,J.

Petitioner has approached this court for issuing writ of mandamus commanding the respondent no.2 to decide the Review Application / Revision Petition.  Services of petitioner were dispensed with on 27.3.2001. Against the said order petitioner preferred Appeal before the Commissioner Moradabad Division, Moradabad, said appeal was also dismissed on 2.8.2001. Against the said order under Rule 13 of U.P. Government Servant Discipline and Appeal Rules, 1999, petitioner preferred Revision addressed to Minister, Town Planning U.P. at Lucknow on 2.1.2004. On the said purported Revision, Mohd. Azam Khan, Minister, Town Planning U.P. at Lucknow passed order directing the Commissioner Moradabad Division, Moradabad to review the matter and thereafter reinstate the petitioner. Petitioner has contended that pursuant to the same, he has approached the Commissioner, Moradabad Division, Moradabad to Review the matter and reinstate the petitioner, but till date no orders have been passed, as such present writ petition has been filed.

Record in question clearly reflects that services of petitioner have been dispensed with, appeal preferred against the same, was rejected by the Commissioner, Moradabad Division, Moradabad on 2.8.2001. Petitioner had been performing and discharging his duty as Collection Amin. Petitioner has addressed purported Revision to Minister Town Plalning U.P. at Lucknow and on the said purported Revision, order has been passed. Petitioner submits that said order be complied with by directing the Commissioner Moradabad Division, Moradabad, to take action. Against the order passed by Commissioner, Revision is maintainable before the State Government.  Minister Town Planning U.P. at Lucknow has no authority or jurisdiction to entertain the Revision and give direction, as has been sought to be given. Directions issued are totally without jurisdiction. Revision under Rule 13 of U.P. Government Servant Discipline and Appeal Rules, 1999, is to be decided in given manner. Here  proceedings have been undertaken by the Minister Town Planning U.P. at Lucknow, in casual manner and same clearly reflects that there is no objective consideration and straightway Commissioner Moradabad Division, Moradabad has been asked to look into the matter, as such direction given by the Minister Town Planning U.P. at Lucknow is of no consequence. Once Appeal had already been dismissed by the Commissioner Moradabad Division, Moradabad and the order passed by the Minister Town Planning U.P. at Lucknow is totally misconceived and without jurisdiction, then the prayer made, in the fact and circumstances of the present case can not be accorded. Consequently, writ petition  is totally devoid of substance and same is dismissed.

Dt.24.1.2007

T.S


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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