PRASANNA PRAKASH PANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) CM APPL. 21692/2020 Exemption allowed, subject to all just exceptions. Application stands disposed of.

(2.) It is undisputed that under Rule 55A of India Infrastructure Finance Company Ltd. (Staff) Service Regulations, 2007 (hereinafter referred to as 'Regulations'), there is a remedy of Appeal provided against the penalty imposed on the Petitioner. Rule 55A of the Regulations reads as under:

(3.) Mr. Sudershan Rajan learned counsel for the Petitioner submits that although he is conscious of the fact that there is a remedy of Appeal, however, provisions of Rule 55A of the Regulations provide a period of twelve months to the Appellate Authority to decide the Appeal. He submits that the Petitioner has been inflicted the extreme and harshest punishment of dismissal from service which has led to a loss of his livelihood. The remedy of Appeal in the present case is therefore neither an efficacious nor an adequate remedy. Mr. Rajan further submits that on account of the Pandemic Covid 19, Petitioner is unable to find a suitable alternative to earn his livelihood and therefore in these unprecedented prevailing circumstances, Petitioner should be exempted from availing the remedy of Appeal and allowed to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.