Sunil Ambwani, J. - (1.) Heard Sri Ashok Khare, Senior Advocate assisted by Sri N.K. Singh for petitioner and Sri Ved Byas Misra for respondents.
(2.) By means of this writ petition, the petitioner has prayed for directions to call for the records of the case and quash the order dated 14.9.2001 passed by Managing Director, U.P. State Agro Industrial Corporation Limited by which the petitioner has been dismissed from service and an amount of Rs. 9,81,475.70 has been directed to be recovered from him as well as enquiry report dated 2/3.3.2001.
(3.) A preliminary objection has been taken by Sri Ved Byas Misra stating that the petitioner has an alternative remedy of a departmental appeal to the Chairman of the U.P. State Agro Industrial Corporation Limited. Sri Misra has relied upon resolution dated 10.7.2001 of the Corporation and Rule 24-A of the U.P. State Agro Industrial Corporation (Samanya Sewa) Niyamawali, 1984 by which the Rules relating to disciplinary proceedings applicable to State Government employees, have been adopted and made applicable to officers and employees of the Corporation. Rule 11 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 provides for an appeal to the next higher authority from the order passed by the disciplinary authority. In the present case the Chairman of the Corporation is the next higher authority.;