NIRVAIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order disposes of CWP No.8998 of 2013 titled Nirvair Singh vs. State of Punjab and others, CWP No.8013 of 2013 titled Sukhjinder Singh vs. State of Punjab and others, CWP No.9003 of 2013 titled Parveen Kumar vs. State of Punjab and others, CWP No.9163 of 2013 titled Mukhwinder Singh vs. State of Punjab and others & COCP No.2292 of 2013 titled Sukhjinder Singh vs. Rajat Aggarwal.

(2.) Mr. Maini has raised a preliminary objection as to the jurisdiction and maintainability of this petition and connected cases in view of remedy of a statutory appeal available under Section 18(1) of Punjab Revenue Patwaris (Class-III) Service Rules, 1966. The Commissioner of the Division is the designated Appellate Authority for redressing grievances of Patwaris against adverse administrative orders and would be competent to enter upon questions involving the validity of orders of punishment passed against the petitioners by the discipilanary authorities under the service rules after holding inquiries into their misconduct for which they were charge-sheeted.

(3.) In view of a wholesome statutory alternative remedy available to the petitioners, I see no reason to continue with the present proceedings and would relegate the petitioners to their alternative remedies in appeal before the Commissioner of the Division concerned. Since these writ petitions have been pending since 2013 it would be in the fitness of things that the learned Divisional Commissioner would take up the appeals and decide them within four months from the date when the appeals are filed. In case, limitation for filing appeals has expired meanwhile the learned Commissioner would still entertain those appeals and decide them on merits by giving benefit of Section 14 of the Limitation Act, 1963 of the time spent pursuing the present litigation. In case, limitation has run out before the date of filing of these petitions, the Commissioner would still decide the cases on merits so that the grievances of the petitioners are redressed substantially and the controversies raised by them settled by adjudication in appeal.