(1.) HEARD learned counsel for the parties and perused the record. The petitioner was a temporary Mazdoor working at Ghaziabad. His services have been terminated vide order dated 26.10.2004 after enquiry. In the enquiry proceedings, it has been found that the petitioner had obtained appointment by fraud by preparing fictitious documents.
(2.) IN the present case, services of the petitioner were terminated as far back as in October, 2004 by the impugned order. There is serious dispute about the fact as to whether the petitioner obtained appointed by preparing forged and fictitious documents or not. A preliminary objection has been raised that writ petition is not maintaible as the petitioner has an alternate and efficacious remedy before the Labour Court.
(3.) HE has also relied upon a decision in Anupam Dubey V. Sachiv, Basic Siksha Parishad-(2004)2 UPLBEC-1743. It was a case where the petitioner was given compassionate appointment under the Dying in Harness Rules and his services were terminated on the charge that he obtained the appointment by producing forged certificates. In fact, his father was never employed in the Education Department.
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