LAWS(ALL)-1994-10-69

KRIPA SHANKER AWASTHI Vs. NAGARPALIKA BINDID FATEHPUR

Decided On October 06, 1994
KRIPA SHANKER AWASTHI Appellant
V/S
NAGARPALIKA BINDID FATEHPUR Respondents

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri K. P. Agrawal, learned Senior Advocate appearing for the petitioner and Sri G. C. Pant, learned counsel representing the respondent No. 1 Nagar Paiika, Bindki, district Fatehpur through its Chairman, hereinafter referred to as the Nagar Paiika.

(2.) THIS petition, under Article 226 of the Constitution of India, is directed against the order and judgment dated 6th September, 1979 passed by the U. P. Public Services Tribunal 2nd, Lucknow, hereinafter called the Tribunal, in Claim Petition No. 92i/t/ (l)/77/248/75, Kripa Shanker Awasthi v. Nagar Paiika, Bindki and others, whereby the dismissal of the services of the petitioner by means of the order dated 6th January, 1975, passed by the President of the Nagar Paiika in exercise of powers conferred upon him under Section 76 of the U. P. Municipalities Act, 1916, hereinafter to be referred as Municipalities Act, has been upheld.

(3.) CHALLENGING the order of dismissal from service dated 6th January, 1975 the petitioner instituted in the court of the Munsif, Fatehpur Suit No. 248 of 1975 seeking a declaration to the effect that the order of dismissal dated 6th January, 1975 was null and void. The Nagar Palika filed its written statement in answer to the plaint of the petitioner.