B. Amit Sthalekar, J. - (1.) THE petitioner in this writ petition is seeking quashing of the order dated 8.4.2015 whereby he has been dismissed from service from the post of Junior Accounts Clerk.
(2.) BRIEFLY stated the facts of the case are that the petitioner was working as a Junior Accounts Clerk in the District Rural Development Agency, Fatehpur. He was placed under suspension on 13.3.2008. He challenged the said order through a Writ Petition No. 50670 of 2008 and the Court by its order dated 30.9.2008 directed that the implementation of the order dated 13.3.2008 shall be kept in abeyance. Thereafter chargesheet was issued to the petitioner. Departmental proceedings were held and by an order dated 8.4.2015 the petitioner was dismissed from service. I have heard Sri A.B. Singh, learned counsel for the petitioner and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondents.
(3.) PRINCIPALLY two submissions have been made by Sri A.B. Singh. First that the District Rural Development Agency (hereinafter referred to as 'the D.R.D.A.') is a registered society and in terms of the Government Order dated 17.3.1994, copy of which has been filed as Annexure -1 to the writ petition, the Rules, Regulations and orders passed by the State Government under Article 309 of the Constitution of India are not applicable to the employees of the D.R.D.A. and their services including appointment as well as termination etc. would be governed by the Rules to be framed for the D.R.D.A. specifically at a future date. As an extension of this submission the contention of Sri A.B. Singh is that the services of the petitioner have been terminated in exercise of powers under the U.P. Government Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred to as 'the Rules 1999') and these Rules have been framed under Article 309 of the Constitution of India and the same are not applicable and therefore the impugned order of dismissal from service should be held to be without jurisdiction.;