Allahabad High Court
Anil Kumar Pathak vs Union Of India And 3 Others on 23 January, 2020
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- WRIT - A No. - 21445 of 2019 Petitioner :- Anil Kumar Pathak Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Pankaj Dubey,Chandan Sharma Counsel for Respondent :- A.S.G.I.,Swarn Lata Suman,Vipul Kumar Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing a mandamus to respondent no. 1 to decide the appeal filed by the petitioner under Rule 23 of Central Civil Services (Classification Control and Appeal) Rules 1965 and direct his reinstatement on the post of Programme Assistant, Grade II in North Central Zone Cultural Centre, Allahabad (in short 'NCZCC').
Sri Vipul Kumar, learned counsel for respondent no. 3 submitted that the instant petition is not maintainable as the petitioner has remedy of approaching Central Administrative Tribunal. However, he admits that NCZCC has not been notified under Section 14 of the said Act.
Since NCZCC is not notified under Administrative Tribunals Act 1985, therefore the objection is overruled.
On merits, it is submitted by Sri Vipul Kumar that the appeal filed by the petitioner is wholly without any merits as all issues raised therein have been concluded by the various decisions taken against him in the past.
Be that as it may, since the appeal filed by the petitioner is a statutory appeal and therefore the concerned respondent is required to take decision on the same in accordance with law.
Accordingly, the petition is disposed of with direction to respondent no. 1 to decide the appeal filed by the petitioner in accordance with law expeditiously, preferably within a period of 12 weeks from the date of receipt of a certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 23.1.2020 Jaideep/-