- (1.) The present special appeal has been filed against the judgment and order dated 12th July 2010 passed by the learned single Judge whereby the writ petition preferred by the present Appellant has been dismissed.
(2.) It appears that earlier in respect of certain claim of payment of his salary, the Petitioner had approached the U.P. Public Services Tribunal, Lucknow. Thereafter, his services were terminated vide order dated 8.4.2004 passed by the Sub Divisional Magistrate Dhananura. He approached this Court by filing Civil Misc. Writ Petition No. 18620 of 2004, which was dismissed vide judgment and order dated 8.2.2008 on the ground of alternative remedy of filing a claim petition before the U.P. Public Services Tribunal, Lucknow. Pursuant to the aforesaid order, the Appellant preferred the claim petition before the U.P. Public Services Tribunal, Lucknow which vide order dated 30.12.2009 after setting aside the order dated 8.4.2004 remanded the matter to the concerned authority to hold a proper inquiry to find out if the appointment order or any other document produced by the Appellant is forged and false and if they come to a finding that the appointment has been obtained on the basis of forged documents then liberty was given to pass appropriate orders in accordance with law. Pursuant to the directions given by the U.P. Public Services Tribunal, the authorities after making due inquiry have come to the conclusion that the Appellant had obtained the appointment by producing forged documents. The order dated 28.6.2010 passed by the Sub -Divisional Magistrate was again challenged by the Appellant by means of writ petition giving rise to the present appeal. The learned single Judge had dismissed the writ petition on the ground that the Appellant can avail the alternative remedy of filing the claim petition before the Public Services Tribunal.
(3.) We have heard Sri S.C. Kushwaha, learned Counsel appearing for the Appellant and have perused the judgment and order dated 12.7.2010 passed by the learned single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and also the documents filed along with it.;