NASEEMUDDIN ANSARI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Naseemuddin Ansari v. State Of U.P. And Others - WRIT - A No. 59631 of 2005 [2005] RD-AH 2555 (8 September 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for respondent no. 1.

The petitioner was a daily wager working with the respondent-U.P. Industrial Cooperative Association Limited, Kanpur. His term of engagement was extended from time to time. According to the petitioner since the year 2000 the respondents have stopped taking work from the petitioner. Thereafter by order dated 15.7.2005 passed by the Managing Director, after enquiry under the relevant Rules, the petitioner has been removed from service. Aggrieved by the said order the petitioner has filed this writ petition.

The petitioner has not placed on record any Rules to show as to whether an appeal would lie against the impugned order dated 15.7.2005 or not. This apart, the disputed questions of fact are involved in this writ petition which cannot be decided in this writ jurisdiction under Article 226 of the Constitution of India and as such I am not inclined to interfere with the impugned order.

However, this order shall not bar the petitioner from approaching the competent authority/Court for redressal of his grievances.

This writ petition is, accordingly, dismissed. No order as to costs.

Dt/-8.9.2005

ps

w.p.59631.05

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