Rajan Roy, J. - (1.) Heard Dr. L.P. Mishra, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Shishir Kumar, learned counsel for the opposite parties.
(2.) This is a writ petition under Article 226 of the Constitution of India challenging an order dated 01.04.2010 passed by the Chairman of the Nagar Palika Parishad, Gola Gokrannath, Lakhimpur Kheri dismissing the petitioner, who was a Class-III employee, from service.
(3.) There is on record a short affidavit of the opposite party no. 2 raising an objection to the writ petition on the ground of availability of alternative remedy before the Commissioner of the Division by way of an Appeal under Rule 3 of the U.P. Municipal Servants Appeals Rules, 1976. This short affidavit was filed in the year 2010 itself, but, it appears that this plea was not considered earlier. A detailed counter affidavit has been filed subsequently on the merits of the controversy, on behalf of the opposite party no. 6, who has passed the impugned order, on 09.08.2011. Subsequently, another counter affidavit was permitted to be filed on her behalf, which is also on record. Rejoinder affidavit to the aforesaid counter affidavits as also counter affidavit of opposite party no. 5 and rejoinder affidavit thereto is also on record.;