Court No. - 32 Case :- SPECIAL APPEAL No. - 1125 of 2010 Petitioner :- Rakshpal Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- S.C. Kushwaha,Pankaj Kushwaha Respondent Counsel :- C.S.C. Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
The present special appeal has been filed against the judgment and
order dated 12th July 2010 passed by the learned single Judge
whereby the writ petition preferred by the present appellant has been
dismissed.
It appears that earlier in respect of certain claim of payment of his
salary, the petitioner had approached the U.P. Public Services
Tribunal, Lucknow. Thereafter, his services were terminated vide order
dated 8.4.2004 passed by the Sub Divisional Magistrate Dhananura.
He approached this Court by filing Civil Misc. Writ Petition No. 18620
of 2004, which was dismissed vide judgment and order dated 8.2.2008
on the ground of alternative remedy of filing a claim petition before the
U.P. Public Services Tribunal, Lucknow. Pursuant to the aforesaid
order, the appellant preferred the claim petition before the U.P. Public
Services Tribunal, Lucknow which vide order dated 30.12.2009 after
setting aside the order dated 8.4.2004 remanded the matter to the
concerned authority to hold a proper inquiry to find out if the
appointment order or any other document produced by the appellant is
forged and false and if they come to a finding that the appointment has
been obtained on the basis of forged documents then liberty was given
to pass appropriate orders in accordance with law. Pursuant to the
directions given by the U.P. Public Services Tribunal, the authorities
after making due inquiry have come to the conclusion that the
appellant had obtained the appointment by producing forged
documents. The order dated 28.6.2010 passed by the Sub-Divisional
Magistrate was again challenged by the appellant by means of writ
petition giving rise to the present appeal. The learned single Judge
had dismissed the writ petition on the ground that the appellant can
avail the alterntive remedy of filing the claim petition before the Public
Services Tribunal.
We have heard Sri S.C. Kushwaha, learned counsel appearing for the
appellant and have perused the judgment and order dated 12.7.2010
passed by the learned single Judge giving rise to the present appeal,
the grounds taken in the memo of appeal and also the documents filed
along with it.
The learned counsel for the appellant submitted that the Sub-Divisional
Magistrate had travelled beyond the scope of the order/directions
given by the U.p. Public Services Tribunal to the effect that the
appellant had obtained the status of a confirmed employee. He further
submitted that the writ petition is maintainable.
We may mention here that even though the Tribunal had held that the
appellant had obtained the status of a confirmed employee but it had
remanded the matter back to the concerned authority for holding a
proper inquiry as to whether the appointment has been obtained on
forged documents or not and if the appointment has been obtained by
producing forged documents, and if proved, liberty was given to the
concerned authority to take appropriate decision. The concerned
authority has found that the appointment has been obtained by filing
forged documents. This is a question which requires investigation on
question of facts which in our considered opinion can more
appropriately gone into by the Tribunal instead of this Court under
Article 226 of the Constitution of India where the scope of inquiry and
jurisdiction is very limited. In this view of the matter, do not find any
legal infirmity in the discretion exercised by the learned single Judge
and fully agree with the view taken by him.
In the result, the appeal fails and is dismissed.
Order Date :- 20.7.2010
AM/-