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Himachal Pradesh High Court

Arvind Kumar vs The Deputy Commissioner Kinnaur on 22 November, 2018

Bench: Surya Kant, Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                         .
                              CWP No. 2665 of 2018-G





                              Date of Decision : November 22 , 2018

    Arvind Kumar                                                     ... Petitioner





                                    Versus

    The Deputy Commissioner Kinnaur, Distt. Kinnaur





    at Rekong Peo, H.P. and others            ...Respondents

    Coram:
    The Hon'ble Mr. Justice Surya Kant, Chief Justice.

    The Hon'ble Mr. Justice Ajay Mohan Geol, Judge.

    Whether approved for reporting?1

    For the petitioner            : Ms. Shilpa Sood, Advocate.



    For the respondent             :Mr. Ashok Sharma, Advocate General with
                                    M/s. J. K. Verma, Adarsh Sharma, Ashwani
                                    Sharma, and Mr. Nand Lal Thakur, Addl.




                                    Advocate Generals, for respondents No. 1
                                    to 4/State.





    Surya Kant, Chief Justice. (Oral)

The issue raised in the instant writ petition is whether respondents No. 5 to 7 are eligible for appointment to the post of drivers in the office of the Deputy Commissioner, Kinnaur?

1

Whether reporters of Local Papers may be allowed to see the judgment?

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2. Petitioner's case is that since the private respondents have produced fraudulent BPL certificates, they .

are ineligible and have been wrongly selected. In our considered view, the issue raised by the petitioner amounts to service dispute which can be effectively adjudicated by the Himachal Pradesh State Administrative Tribunal. We, therefore, dispose of the petition relegating the petitioner to avail the aforesaid opportunity with a further request to the Tribunal to entertain and decide the Original Application on merits and in accordance with law.

The writ petition is accordingly disposed of alongwith pending application(s), if any.

Dasti Copy.

(Surya Kant), Chief Justice.

(Ajay Mohan Goel), Judge.

November 22 , 2018 (PK) ::: Downloaded on - 27/11/2018 22:56:28 :::HCHP