PREM NATH Vs. STATE OF U P

JUDGEMENT

(1.) THE prayer made in the present writ petition is for the issuance of a writ of certiorari quashing the suspension order dated 24. 2. 2007 passed by the Chairman, Nagar Palika parishad, Mirzapur and for quashing of the charge-sheet dated 22. 5. 2007. A further prayer for quashing of transfer order dated 14. 2. 2007 and 21. 2. 2007 of the petitioner has also been made.

(2.) ACCORDING to petitioner his father was a driver with the Nagar Palika Parishad, Mjrzapur. He died on 24. 2. 2005 in harness and, therefore, the petitioner and. his two brothers, all of whom are also in service of the Nagar Palika Parishad, Mirzapnr as drivers claimed post dearth dues of their father. The said post death dues of their father were not paid and the petitioner and his brothers were put to harassment by the Clerk Subhash Chandra srivastava. On the complaint of the petitioner to the anti Corruption Department a trap was laid against the aforesaid Clerk Subhash Chandra Srivastava and he fell in the trap. A first information report was lodged against him on 14. 2,2007 and he was also arrested. The Impugned orders and the disciplinary enquiry against, the petitioner is the result of the said animosity and it is at his behest that the petitioner is being victimised.

(3.) HEARD Sri Yogesh Agarwal, learned Counsel for petitioner, Sri C. K. Parekh; learned Counsel appearing for the Nagar Palika Parishad, Mirzapur and learned. Standing Counsel for respondent no. 1. Sri Parekh has raised a preliminary objection that against the order of suspension the petitioner has an alternative, remedy of filing an appeal before the commissioner of the Division. The petitioner has already appealed against the same by filing a representation dated 29. 5. 2007.