1. SYED MARUF AHMEDALI, MEMBER --- The petitioner has filed a grievance petition under Section 33(4) of IRA, 2012 against his dismissal order dated 25-04-2013. Written statement has been filed by the respondents who have taken a number of preliminary objections. Arguments have been heard on the preliminary objections.
2. 2.It is contended by the learned counsel for the respondents/objectors that the petitioner has not served grievance notice as required under IRA, 2012 which is mandatory provision of law and this grievance petition merits dismissal on this score alone.
3. 3.On the other hand learned counsel for the petitioner has contended that the petitioner has served a grievance notice dated 21-05-2013 which is appended with the grievance petition at page
13. It is further contended that the said departmental appeal should be considered as grievance notice, as the appeal should be substituted as a grievance notice. It is further contended that even otherwise it is a mixed question of law and fact which cannot be decided without recording of evidence and has prayed that the preliminary objection may be rejected and the grievance petition be proceeded on merits. Learned counsel for the petitioner has relied on 1991 PLC 104 and 2009 PLC 44.
4. 4.After hearing arguments of both the learned counsel and perusing of the record.
5. 5.From the perusal of the alleged grievance notice appended at page. 13 of the grievance petition .it is evident that the same is a departmentally appeal and not a grievance notice. The grievance notice is a mandatory provision under the law without which a grievance petition , cannot proceed.
6. Reliance is placed on 2002 PLC (CS) 907. As the petitioner has failed to serve a grievance notice as provided under the law this grievance petition is not maintainable.
7. In view ofe aforesaid reasons, this petition is dismissed. There is no order as to costs. File be consigned to the record room after due completion.