SYED MARUF AHMEDALI, MEMBER The petitioner has filed a grievance petition under Section 33 of IRA, 2012 against the order of his termination dated 22-11-: 2013. The respondents filed their written statement and took a number of preliminary objections. Arguments have been heard on the preliminary objection.
2. It is contended by the learned counsel for the respondents/objectors that no grievance notice has been served by the petitioner before filing of this grievance petition which is mandatory provision of law without which this grievance petition is not maintainable. It is further contended that that the petitioner had filed a departmental appeal which cannot be treated as a grievance notice and this grievance petition be dismissed on this score alone:
3. On the other hand learned counsel for the petitioner has contended that the petitioner has availed the remedy of departmental appeal and copy of the same has been appended at page 15 of this grievance petition and the same can be treated as a grievance notice. It is further contended that the case be proceeded on merits and technicalities should not come in the way of justice and has prayed that the objection be rejected and the case be proceeded on merits.
4.After hearing arguments of both the learned counsel and perusing of the record.
5.Admittedly the petitioner has filed a departmental appeal, copy of the same has been appended with the grievance petition at page 15 and the petitioner has also mentioned in para 10 of the grievance petition. Under the law, service of grievance notice by an employee before filing of grievance petition is mandatory provision of law and without which a grievance petition is not maintainable. The departmental appeal cannot be substituted as a grievance notice. Reliance is placed on 2002 PLC (CS) 907.
In view of the aforesaid reasons, this grievance petition is dismissed being not maintainable. There is no order as to costs. File be consigned to the record room after due completion.