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Ramesh Chandra v. Union Of India And Others - WRIT - A No. 5258 of 2004 [2006] RD-AH 11642 (17 July 2006)


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Court No.27

Civil Misc. Writ Petition No.5258  of 2004

Ramesh Chandra  


Union of India and others

Hon. Sanjay Misra, J.

Sri Arvind Srivastava, learned counsel for the petitioner and Sri S.K.Pandey holding brief of Sri B.N.Singh appearing on behalf of respondents are prersent.

A preliminary objection has been taken on behalf of respondent no.4 as averred in paragraph 4 of the counter affidavit.

Learned counsel for the petitioner has contended that the alternative remedy is not an absolute bar and therefore, since this writ petition is pending since 2004 it may be decided on its merit. There is no dispute to the  proposition. However by an order dated 11.2.2004 this court has directed that preliminary objection taken  by the respondents with respect to alternative remedy shall be considered on the next date after exchange of counter affidavit and rejoinder affidavit. The affidavits have been exchanged.

Heard the learned counsel for the parties on the preliminary objection taken  the respondents. The petitioner has got an alternative remedy of filing appeal under CCS(CCA) Rules 1965 against the order of disciplinary authority.

It has been contended by the learned counsel for the petitioner that in case he is relegated to file an appeal now it may not be dismissed beyond the prescribed period of limitation. Considering the fact that the petitioner was pursuing  this writ petition on the question of  its maintainability since 11.2.2004 till date it is directed that in case the petitioner avails the  alternative remedy and makes an application for condoning


the delay in filing the appeal the appellate authority  may consider the same in accordance with law.

The writ petition is dismissed on the ground of alternative remedy.  It is made clear that the court has not entered into the merit of the controversy.




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