Satish Kumar vs State Of Uttarakhand And Others
2021 Latest Caselaw 998 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                     Writ Petition (S/S) No. 453 of 2021

Satish Kumar                                                  ...... Petitioner

                                       Vs.

State of Uttarakhand and Others                             ..... Respondents


Mr. Ajay Veer Pundir, Advocate for the petitioner.
Mr. P.S. Bisht, Additional Chief Standing Counsel for the State of
Uttarakhand/respondent Nos.1 to 5.
Mr. Virendra Singh Rawat, Advocate for respondent No.6.



                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The instant writ petition has been filed seeking the following reliefs:-

"(i) Issue a writ, order in the nature of certiorari, quashing the impugned order of termination dated 26.02.2021 issued by the respondent no.4, whereby the service of petitioner has been terminated (Annexure No.11 to this writ petition).

(ii) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.

(iii) Cost of the petition be awarded in favor of the petitioner.

2. Heard learned counsel for the parties and perused the record.

3. Petitioner was appointed as an Assistant Teacher and subsequently, he was terminated on the ground that the certificate submitted by him was forged. It has been challenged in the instant petition.

4. At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to why should this Court should

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 Services (Tribunal) Act, 1976.

5. At this, learned counsel for the petitioner seeks permission to withdraw the writ petition with the liberty to file his claim before the State Public Services Tribunal.

6. Permission to withdraw granted.

7. The writ petition is dismissed as withdrawn. Petitioner is free to raise his claim before the State Public Services Tribunal.

(Ravindra Maithani, J.) 18.03.2021 Sanjay