WPSB/88/2023
2023 Latest Caselaw 553 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                 WRIT PETITION (S/B) NO. 88 OF 2023
                              01ST MARCH, 2023
BETWEEN:
Rajendra Chalisgaonkar                                           .....Petitioner.
And

State of Uttarakhand & another                                   ....Respondents.

Counsel for the Petitioner : Mr. Vinay Kumar, learned counsel.

Counsel for the Respondents : Mr. J.C. Pande, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner falls within the definition of "public

servant", and the reliefs sought in this writ petition squarely

fall for consideration by the Uttarakhand Public Services

Tribunal.

2. We are, therefore, not inclined to entertain this writ

petition.

3. Learned counsel for the petitioner submits that he

will withdraw this petition and approach the Tribunal. He,

however, prays that protection against the recovery may be

granted for some time, since the Tribunal can issue interim

order only after giving fifteen days' notice to the respondent.

4. We dismiss the present writ petition as withdrawn

with liberty to the petitioner to approach the Tribunal. The

recovery against the petitioner shall remain stayed for a

period of three weeks from today, subject to the petitioner

approaching the Tribunal by 13.03.2023.

5. We make it clear that we have not examined the

petitioner's case on merits, and the Tribunal shall be entitled

to take an independent view on merits, as well as on the

interim relief sought by the petitioner.

6. Pending application, if any, also stands disposed of.

7. Urgent certified copy of this order be issued to the

learned counsels for the parties, today itself, as per Rules.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 01st March, 2023 NISHANT