KHURSHEED ANWAR KHAN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Leave granted. The appellant was serving as an arms clerk. After a departmental enquiry, he was dismissed from service w.e.f. 20-9-2004. Thereafter, he challenged the same by filing a writ petition before the High Court of Judicature at Allahabad. By order dated 10-3-2005, though the learned Single Judge referred to factual details about the enquiry and ultimate dismissal, however, finally dismissed the writ petition on the ground of availability of alternative remedy of departmental appeal.

(2.) The appellant, instead of resorting to the appeal remedy, filed a special appeal before the Division Bench of the High Court. By the impugned order dated 6-4-2006, the Division Bench dismissed the special appeal. Challenging the same, the appellant has filed the present appeal by way of special leave petition.

(3.) A reading of the impugned order of the Division Bench shows that after arguing his case for some time, the counsel for the appellant sought permission to file an appeal in the Department. However, the Division Bench turned down his request since the matter was argued for some time and ultimately dismissed his appeal.