HARE RAM GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) V. K. Gupta, C. J. By this common judgment, both these petitions are being disposed of to gether.

(2.) IN both these petitions, mainly and primarily, the orders placing the pe titioners under suspension have been challenged. It is the admitted case of the petitioners that the petitioners have straightway approached this Court by invoking this Court's extra-ordinary writ jurisdiction under Article 226 of the Con stitution of INdia without having first availed of the alternative remedy of ap proaching the Uttarakhand State Public Service Tribunal in terms of Section 4 of the U. P. Public Services (Tribunal) Act, 1976 ('1976 Act' for short ).

(3.) SUB-section (1) of Section 4 of 1976 Act (this sub-section alone, being relevant for our purposes), which deals with the issue of the Tribunal entertain ing claim petitions, reads thus : "4. Reference of claim to Tribu nal.- (1) SUBject to the other pro visions of this Act, a person who is or has been a public servant and is aggrieved by an order pertaining to a service matter within the jurisdic tion of the Tribunal, may make a reference of claim to the Tribunal for the redressal of his grievance. "