Iqbal Ahmed vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed with the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari to quash the punishment inflicted upon the petitioner vide order dated 7-7-2011 (shown in Annexure No. 3 at serial no. 1 to 3) and appellate order dated 10-6-201 passed by respondent no. 2, (contained as Annexure - 4), and, punishments confirmed order dated 14.07.2017 (shown in Annexure No. 5 at serial no. 1), illegal, void inoperative, passed by the District Development Officer, Dehradun.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondents not to give effect the punishment awarded to the petitioner vide order dated 7-7-2011 and confirmed vide order dated 14-7-2017.

Heard Mr. Mohd. Matloob, learned counsel for the petitioner, and, Mr. N.S. Pundir, learned Deputy Advocate General, Mrs. Anjali Bhargava, learned Addl. C.S.C., Mr. Sushil Vashistha and Mrs. Indu Sharma, learned Brief Holders for the State.

During the arguments, Mr. N.S. Pundir, learned Deputy Advocate General for the State submitted that the present writ petition relates to service matter, therefore, the petitioner has alternate efficacious remedy to raise his grievances before the Uttarakhand Public Services Tribunal.

Mr. Mohd. Matloob, learned counsel for the petitioner also agrees to transfer the present matter to the Uttarakhand Public Services Tribunal.

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 (M/S No. 2454 of 2017) stands disposed of accordingly.