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2021 Supreme(MP) 460

VISHAL MISHRA
Gopal Prasad Panthi – Appellant
Versus
State of M. P. – Respondent


Advocates:
Raghvendra Dixit for Petitioner; Ajay Raghuvanshi, Panel Lawyer for respondent/State; Ajeet Sharma for respondent No. 3

ORDER

1. A preliminary objection is taken by the respondent No.3 in the matter that the petitioner is having an alternative and efficacious remedy of filing an appeal before the appellate Authority in terms of the rules, but the petitioner without availing the alternative and efficacious remedy has directly approached this Court by filing a petition under Article 226 of the Constitution of India, which is not maintainable. It is submitted that the order impugned is a well reasoned and justified order passed under the relevant provisions of the Act and by the competent authority. Even if for the sake of arguments, it is assumed that the order is not passed by the competent authority then the aforesaid ground can be taken care of by the appellate Authority.

2. The petition has been filed by the petitioner being aggrieved by the order dated 26.9.2019 passed by the respondent No.3, whereby the petitioner’s service as a Samiti Prabandak has been terminated on account of alleged grave misconduct committing a clerical mistake while discharging his duties. It is stated that the impugned order has been passed without following the due procedure of law as contemplated in the statutory recru

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