LAWS(P&H)-2024-4-8

R.K. GOEL Vs. STATE OF PUNJAB

Decided On April 01, 2024
R.K. Goel Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to decide the representation dtd. 18/7/2022 (Annexure P-7).

(2.) Learned counsel for the petitioner has submitted that the petitioner had earlier filed a writ petition i.e., CWP-9262-2015, which was disposed of by a Coordinate Bench of this Court with the following observations:-

(3.) Learned counsel for the petitioner has submitted that the petitioner, in view of the statement made on behalf of the petitioner, was permitted to pursue the remedy of appeal, as it was stated by learned counsel for the petitioner that against the impugned order, an appeal under Sec. 21 of the Punjab Civil Services (Punishment and Appeal) Rules, 1971 was maintainable. It is submitted that after studying the entire matter, it has come to the notice of learned counsel for the petitioner that no such appeal is maintainable whereas a review under Rule 21 of the Punjab Civil Services (Punishment and Appeal) Rules, 1971 is maintainable. Learned counsel for the petitioner, in view of the same, seeks to withdraw the present petition with liberty to file an appropriate application in the earlier writ petition, in accordance with law.