H M MISHRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The petitioner herein, in the first instance, approached this Court by filing Writ Petition (S/S) No. 284 of 2001. In the aforesaid Writ Petition, he had assailed the orders dated 20.6.2000 and 26.6.2000. A learned Single Judge of this Court disposed of the aforesaid Writ Petition by an order dated 5.12.2003 by requiring the file of Writ Petition (S/S) No. 284 of 2001 to be transferred to the State Public Services Tribunal, Dehradun, obviously on account of being persuaded, that the jurisdiction of the Public Services Tribunal, Dehradun should have been invoked by the petitioner, rather than approaching this Court under Article 226 of the Constitution of India. The Public Services Tribunal, Dehradun, however, required the petitioner to amend the pleadings of the Writ Petition so as to make his prayers in conformity with the relief that could have been granted to the petitioner by the Public Services Tribunal, Dehradun. Relevant part of the order dated 5.4.2006, vide which the aforesaid direction was issued by the Public Services Tribunal, Dehradun, is being extracted hereunder:-

(2.) During the course of hearing, it was the vehement contention of the learned counsel for the petitioner, that the Public Services Tribunal, Dehradun ought to have decided the matter as it was based on the original record transferred by this Court to the Public Services Tribunal, Dehradun, and that the petitioner should not have been required to amend the Writ Petition so as to amend the prayers in terms of the order dated 5.4.2006 issued by the Public Services Tribunal, Dehradun.

(3.) Having heard learned counsel for the petitioner and having perused the order of the Public Services Tribunal, Dehradun, extracted hereinabove, we are rather surprised why the petitioner approached this Court unnecessarily. He had simply been asked to amend the prayer clause of the Writ Petition, earlier filed by him, so as to bring the same in conformity with the reliefs that could have been granted by the Public Services Tribunal, Dehradun in terms of the jurisdiction and powers vested in it. The Public Services Tribunal, Dehradun was fully justified in recording that various writs sought by the petitioner as against the impugned orders dated 20.6.2000 and 26.6.2000 in Writ Petition (S/S) No. 284 of 2001 (the record whereof was transferred to the Public Services Tribunal, Dehradun) could not have been issued by it (Public Services Tribunal, Dehradun).