Himachal Pradesh High Court

WRIT PETITION 8603 of 2010 on 30 December 2010

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 8603 of 2010

Decided on: 30.12.2010

Jitender Kumar

……. Petitioner

Versus

State of H.P. and ors.

…….Respondents.

Coram :

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge For the petitioner: Mr. Sanjay Dutt. Vasudeva, Advocate.

For the respondents-State: Mr. R.K. Bawa, A.G with Mr. Ankush Dass Sood, Addl. A.G.

Justice Kurian Joseph, C.J. (Oral):

The writ petition is filed with the following prayer:- “ It is, therefore, most humbly prayed that this Writ petition may kindly be allowed and a writ in the nature of certiorari, for quashing shows cause notice dated 02-12-2010 issued by Respondent No.2 vide which the petitioner has been conveyed that review DPC has recommended his reversion to the post of Assistant Sub Inspector from the post of Sub Inspector and writ in the nature of mandamus directing the respondents to allow the petitioner to continue to work on its present post as Sub-Inspector, in the interest of justice.”

2. Annexure P-1 is a show cause notice and the petitioner has submitted Annexure P-4, explanation. The competent Authority necessarily will look into the explanation, Annexure P-4 and take appropriate action in accordance with law. No relief can be granted by this Court since it is for the authority concerned to pass a lawful order. The writ petition is dismissed so also the pending application(s) if any.

Copy dasti.

(Justice Kurian Joseph),

Chief Justice

December 30, 2010 (VT/pankaj)

(Justice V.K. Sharma), Judge

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