ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BINOD Kumar Roy, J. The petitioner, a process-server of the Civil Court, Mainpuri prays to quash an order dated 12-5-1995 passed by the District Judge, Mainpuri terminating his services.

(2.) SRI S. F. A. Naqvi, the learned counsel appearing on behalf of the petitioner, contended inter alia that since the petitioner was no longer tempo rary process-server he was required to be served a notice prior to termination of his services and that not having been done the impugned order is liable to be quashed for this legal infirmity alone. Learned counsel further contended that the impugned order was passed mala fide as the petitioner had refused to oblige the District Judge concerned.

(3.) FOLLOWING the ratio laid down by the Apex Court, extracted as above, I also hold that since the petitioner had actually availed the statutory remedy, namely, the appeal under Rule 7 of the Rules, this writ petition is not fit to be entertained. Accordingly this writ petition is dismissed.