JAI PRAKASH RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner was appointed as a Constable in the Uttarakhand Police Service in 2001. By an order dated 28.4.2009, he was dismissed from service under the provisions of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 read with the Adaptation and Modification Order, 2002. THE petitioner preferred a statutory Appeal under Rule 20 of the Punishment and Appeal Rules. THE appeal preferred by the petitioner was dismissed on 22.12.2009.

(2.) DISSATISFIED with the order of his dismissal from service dated 28.4.2009 and the order by which his Appeal was rejected dated 22.12.2009, the petitioner approached the Uttarakhand Public Service Triubnal, Dehradun by filing a Claim Petition No. 54 of 2010. The Uttarakhand Public Services Tribunal by its order dated 22.6.2010 (Annexure-2) declined to entertain the Claim Petition preferred by the petitioner on account of the fact, that the petitioner should have availed of the revisional remedy available to him under the Punishment and Appeal Rules. Liberty was, however, granted to the petitioner to avail of his revisional remedy.

(3.) MR. J.P. Joshi, Advocate accepts notice on behalf of the respondent nos. 1 to 3.