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Dumar Singh v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. - 1121 of 2007 [2007] RD-AH 18661 (6 December 2007)

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Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

This is intra Court appeal under the Rules of the Court against the order/judgment of the Hon'ble Single Judge dated 3.10.2007 dismissing the appellant's writ petition no. 48787 of 2007 on the ground of availability of alternative remedy. Learned counsel for the petitioner-appellant submitted that the Hon'ble Single Judge dismissed the writ petition holding that the petitioner has an alternative efficacious remedy against the impugned order of dismissal before the Labour Court. It is contended that since the appellant was dismissed by the Chairman of the Municipal Board in exercise of power under Section 76 of U.P. Municipalities Act, 1916, has remedy of appeal under Rule 3 of U.P. Municipal Service Appeal Rules, 1967 (hereinafter referred to as the 'Rules') and, thus, the order of the Hon'ble Single Judge may be modified to the extent that the appellant may avail remedy before the appellate authority.

Learned counsel appearing for respondents fairly submitted that the appellant may avail the remedy as provided in the Rules.

In this view of the matter, we modify the order of Hon'ble Single Judge to the extent that the appellant may avail remedy of statutory appeal as provided under Rule-3 of the aforesaid Rules. The order of Hon'ble Single Judge is, accordingly, modified to that extent.

With the above modification, the appeal is disposed of.

Dt. 6.12.2007



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