High CourtsSingle Bench(2024) 03 P&H CK 0033

Surender Singh vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 6 March 2024

HON’BLE JUDGES
Vikas Bahl, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 11191 Of 2020

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Judgment

8 paragraphs · 269 words

Vikas Bahl, J

1.

This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 24.06.2020 (Annexure P-1) and disagreement note-cum-show cause notice dated 08.06.2020 (Annexure P-2).

2.

Learned State counsel has submitted that against the impugned order, an appeal is maintainable, whereas, in para 16 of the present writ petition it has been mentioned that there is no other alternative statutory remedy of appeal or revision against the impugned order.

3.

Learned counsel for the petitioner has submitted that in view of the said objection, he seeks permission of this Court to withdraw the present writ petition with liberty to the petitioner to file an appeal, but has prayed that since the petitioner was pursuing the present remedy, therefore, in case the petitioner files the appeal within a period of 30 days from today, then, the appellate authority be directed not to dismiss the said appeal solely on the ground of limitation.

4.

Learned counsel for the respondent-State has no objection to the said course of action.

5.

In view of the above, the present writ petition is dismissed as withdrawn, with the aforesaid liberty.

6.

In case the petitioner files any such appeal within a period of 30 days from today, then, the appellate authority would not dismiss the said appeal solely on the ground of limitation.

7.

It is made clear that this Court has not opined on the merits of the case and the appellate authority would decide the matter independently, in accordance with law.