Constable 68 A.P. Dalip Singh vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“(i) Issue a writ, order or rule in the nature of certiorari calling for the record and quashing the impugned orders dated 29.01.2018; passed by Superintendent of Police, Chamoli, order dated 14.01.2019; passed by the appellate authority; Inspector General of Police, Garhwal Range and order dated 08.10.2020; passed by revisional authority; Incharge, Additional Director General of Police (Administration) Dehradun, whereby the punishment order dated 29.01.2018 was confirmed.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide the same pay scale which the petitioner was getting on the date of order or in normal circumstances, passed by respondent no.5.

(iii) Issue any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) Award the cost of the writ petition in favour of the petitioner.”

Heard Mr. Harendra Belwal, learned counsel for the petitioner and Mr. Bhupendra Singh Koranga, learned Brief Holder for the respondents.

Mr. Harendra Belwal, learned counsel for the petitioner submitted that the petitioner is aggrieved by the orders pertaining to the service matter. Therefore, he (petitioner) wants to raise his grievances before the Uttarakhand Public Services Tribunal.

The said request has not been opposed by Mr. Bhupendra Singh Koranga, Advocate.

As the disputes raised in the present writ petition can be effectively adjudicated by the Uttarakhand Public Services Tribunal, with the consent of both the parties, the complete record along with the writ petition, after retaining the copies thereof, is being transmitted to the Uttarakhand Public Services Tribunal for hearing the writ petition as a claim petition in accordance with law.

The Uttarakhand Public Services Tribunal is also requested to consider entertaining the present matter as a claim petition taking into consideration this fact that the present matter has been pending for past five years.

The present Writ Petition (S/S No. 1912 of 2020) stands disposed of accordingly.