WPSB/239/2021
2021 Latest Caselaw 2738 UK

      IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

 THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                                 AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


               WRIT PETITION NO. 239 OF 2021 (S/B)

                              30th July, 2021

Between:

Dr. Vivek Kumar Garg                                ......       Petitioner

and

Department of Medical Health & others               ......      Respondents


Counsel for the petitioner     : Mr. Rajveer Singh, learned counsel

Counsel for the respondents : Mr.   K.N.  Joshi,    learned  Deputy
                              Advocate General for respondent Nos. 1
                              to 4.

The Court made the following:

JUDGMENT:     (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)



            The petitioner has made a prayer before this Court

that respondent Nos. 1 and 2 should be directed to decide

the representation dated 19.06.2021, filed by the petitioner

before them.



2)          The learned for the State submits that there are

certain lacunas in the representation.                     Therefore, the

representation cannot be decided by respondent Nos. 1 and

2.
 3)          Heard the learned counsel for the parties.



4)          Even      if,    there   are    certain   lacunas   in   the

representation, the respondent Nos. 1 and 2 are at liberty to

point such lapses to the petitioner. However, they cannot be

permitted to sit over the representation indefinitely.



5)          Therefore, this Court directs the respondent Nos. 1

and 2 to decide the representation dated 19.06.2021, after

giving an opportunity of personal hearing to the petitioner,

by passing a reasoned order.               The representation shall be

decided within three weeks from the date of submission of a

certified copy of this order. In case, the petitioner continues

to be aggrieved by the decision of respondent Nos. 1 and 2,

he shall be at liberty to challenge the same before the

competent court.



6)          With these directions, this petition stands disposed

of.




                            _______________________________
                               RAGHVENDRA SINGH CHAUHAN, C.J.


                                           _________________
                                              ALOK KUMAR VERMA, J.

Dt: 30th July, 2021 Negi