Arun Tandon, J. - (1.) Heard Sri Rajiv Joshi, Advocate on behalf of petitioner, Sri K.R. Sirohi, Advocate on behalf of respondent Nos. 2 and 3, and learned Standing Counsel on behalf of respondent No. 1.
(2.) This writ petition is directed against an order passed by the then District Judge, Gautambudh Nagar dated 31st August, 2005 where under the petitioner was reverted to the next lower grade of his Cadre i.e. in the pay-scale of Rs. 3050-4590/-. The impugned order has been challenged on various grounds including the ground that the impugned order contains absolutely no reason in support of the conclusions arrived at and is therefore, unsustainable in the eyes of law.
(3.) Sri K.R. Sirohi, learned Counsel for the respondent Nos. 2 and 3 submits that a detailed enquiry was conducted. The report of the Enquiry Officer was accepted by the disciplinary authority, namely, District Judge and accordingly a second show-cause notice was issued to the petitioner to show-cause as to why punishment proposed, may not be inflicted. The reply filed by the petitioner has been considered and finally order dated 31st August, 2005 has been passed. There is no infirmity in the order. It is further submitted that the petitioner has an efficacious statutory alternative remedy by way of appeal before the Administrative Judge under Rule-7 of the Uttar Pradesh Subordinate Courts Staff (Punishment and Appeals) Rules, 1976. For ready reference Rule-7 of the aforesaid Rules reads as follows: 7. Appeals.- (1) A persons against whom an order imposing a penalty specified in Clause (a) or Clause (b) of Sub-rule (1) of Rule 4 has been passed by the presiding officer of a subordinate court, other than the Court of District Judge, may file an appeal to the District Judge. (2) A person against whom an order: (a) imposing a penalty specified in any of the Clauses (a) to (h) of Sub-rule (1) of Rule 4 has been passed by a District Judge; or (b) of enhancement of punishment has been made by a District Judge in appeal filed under Sub-rule (1) of this rules; may file an appeal to the High Court. (3) The period during which an appeal may be filed shall be thirty days in the case of an appeal filed under Sub-rule (1), and ninety days in the cases of an appeal filed which the appellant is informed of the order appealed against. The time taken in obtaining the copy of the order appealed against shall be excluded in computing the period of limitation....;