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Sahimuddin Miyan @ Sahim Miyan Vs Babu Tauhid Ansari

Case No: C.M.P. No. 1015 Of 2024

Date of Decision: Jan. 8, 2025

Hon'ble Judges: Sanjay Kumar Dwivedi, J

Bench: Single Bench

Advocate: Jitesh Kumar, Rohitashya Roy

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Judgement

Ananda Sen, J

1. From the pleadings of the parties and also from the argument, I find that admittedly, the petitioner has not approached the Appellate Authority.

2. The petitioner was dismissed from service vide order dated 28.07.2020 and admittedly, there is a Statutory Appellate Forum also but the petitioner

did not choose to file an Appeal, rather had approached this Court by invoking jurisdiction under 226 of the Constitution of India.

3. Considering the fact that the petitioner has an equally efficacious and alternative remedy of Appeal available, I direct the petitioner to file a regular

appeal within a period of six weeks from today before the Appellate Authority. If such Appeal is filed within the aforesaid timeframe, the Appellate

Authority will consider the Appeal of this petitioner and pass a reasoned order on the merits of the case.

4. With the aforesaid observation, this writ petition stands disposed of.