WPSS/378/2022
2022 Latest Caselaw 605 UK

 IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
           ON THE 7TH DAY OF MARCH, 2022
                                 BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (S/S) No. 378 of 2022


BETWEEN:
Mohar Singh.                                                  ...Petitioner
     (By Mr. P.C. Petshali & Mr. Kaushal Sah Jagati, Advocates)


AND:
State of Uttarakhand & others.                               ...Respondents
     (By    Ms.   Anjali   Bhargava,   Additional   C.S.C.    for   the   State   of
     Uttarakhand/respondents)



                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner was serving as teacher in Education Department of the State Government. His services were terminated vide order dated 30.01.2021. Aggrieved by the said order, petitioner filed Departmental Appeal, which too has been dismissed on 23.08.2021.

3. Challenging these two orders, this writ petition has been filed.

4. Learned Additional Chief Standing Counsel appearing for the respondents, however, submits that as per applicable Discipline and Appeal Rules, remedy of revision is available to petitioner under Section 13 of the Rules. This fact is not disputed by learned counsel appearing for the petitioner.

5. In such view of the matter, writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to file revision under the aforesaid Rules. If petitioner files revision petition, within two weeks from today, the Competent Authority shall consider petitioner's revision, on merit and decide the same, as early as possible.

6. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin