Ajoka permitted withdrawal of CWP based on available appeal remedy under Punjab Civil Services Rules, granting liberty to file the appeal within one month.
Petitioners permitted to withdraw petition with liberty to file appeal within one month; appeal to be disposed of within three months if filed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 17391 of 2007
DATE OF DECISION : 15.04.2009
Ram Pal Singh and another
.... PETITIONERS
Versus
The State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. T.S. Chauhan, Advocate, for the petitioners.
Mr. S.S. Gill, DAG, Punjab, for respondents No.1 to 4.
Ms. Jaishree Thakur, Advocate, for respondents No.5 and 6.
None for respondents No.7 to 11.
SATISH KUMAR MITTAL , J. ( Oral )
In view of the decision of the Apex Court in S.S. Rana v. Registrar, Co-operative Societies & Anr., JT 2006 (5) SC 186 and a judgment of this Court in Deepak Kumar Kalia v. Punjab State Handloom Weavers Apex Cooperative Society and others, 2007 (1) PLR 511 and in view of the fact that against the impugned order, the petitioners have the remedy of appeal under Rule 15 of the Punjab Civil Services ( Punishment and Appeal ) Rules, 1970, which are applicable to the
CWP No. 17391 of 2007
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respondent Society as per Rule 11 of the Punjab State Cooperative Agricultural Development Bank Service Common Cadre Rules, 1978, counsel for the petitioners states that the petitioners may be permitted to withdraw this petition with liberty to file the said appeal. Counsel for the respondents state that they have no objection to the withdrawal of the petition with the aforesaid liberty. Counsel for respondents No.5 and 6 further states that if an appeal is filed by the petitioners against the impugned order within one month, the same may be ordered to be entertained and decided by the Appellate Authority on merits.
In view of the above, the petitioners are permitted to withdraw this petition with liberty to file an appeal challenging the impugned order before the Appellate Authority within a period of one month, and if such an appeal is filed within the said period, the Appellate Authority shall decide the same on merit after providing an opportunity of hearing to counsel for the petitioners within a period of three months from the date of filing of appeal.
April 15, 2009 ndj
( SATISH KUMAR MITTAL ) JUDGE
Colour shows how this judgement treated each authority
S.S. Rana v. Registrar, Co-operative Societies & Anr.Referred¶16
S.S. Rana v. Registrar, Co-operative Societies & Anr., JT 2006 (5) SC 186 · Who else cites this
Deepak Kumar Kalia v. Punjab State Handloom Weavers Apex Cooperative Society and othersReferred¶16
Deepak Kumar Kalia v. Punjab State Handloom Weavers Apex Cooperative Society and others, 2007 (1) PLR 511
Ram Pal Singh
The State of Punjab
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
