Bhagat Singh vs State Of Uttarakhand And Others

Ravindra Maithani, J

By means of the instant writ petition, petitioner seeks the following reliefs:

"1- Issue a Writ, Order or direction in the nature of certiorari calling for records and quash the impugned order dated 29-1-2021(contained Annexure no.12 to the petition) as more than six months have been passed and no inquiry is commenced till date.

2- Issue a writ order or direction in the nature of mandamus commanding and directing the respondent to restore the petitioner on his post.

3- Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

4- Award the cost of the petition in favour of the petitioner."

It is the case of the petitioner that he was working as Revenue Inspector in the District Udham Singh Nagar, when on 29.01.2021, he was placed under suspension. But, according to the petition, thereafter no action was taken; no charge-sheet has been served on him.

Heard learned counsel for the parties and perused the record.

At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to why should this Court entertain the writ petition under Article 226 of the Constitution of India, in view of the availability of alternate efficacious remedy from the State Public Services Tribunal, as constituted under the Uttar Pradesh Public Services (Tribunal) Act, 1976.

Learned counsel for the petitioner would submit that he simply seeks indulgence of this Court to the effect that the petitioner will make a representation to the respondents seeking revocation of the suspension order. Therefore, directions may be issued to the respondents to decide the representation as per law, within the stipulated time.

Learned State counsel would submit that, in case, the petitioner gives representation, it will be decided within a period of one month from the date of its receipt.

The Court takes on record the statement given by the learned State counsel.

The writ petition is disposed of with liberty to the petitioner to make a fresh representation to respondent no.3 within a period of 10 days from today with further directions to respondent no.3 that upon such representation having been made, that shall be decided within a period of one month thereafter. But, in case, the dispute is still not resolved, even after consideration of the representation, any writ petition, on the subject, shall not be entertained by this Court merely on the ground that it is in sequel to the instant writ petition.