TH E H I GH COURT OF SI KKI M AT GAN GTOK ( v. 1. The St at e of Sik k im , Through t he Chief
Case Details
1 W P(C) No. 42 of 2013 TH E H I GH COURT OF SI KKI M AT GAN GTOK ( Civ il Ex t r a or dina r y Ju r isdict ion ) J U D G M E N T S.B. W rit Pet it ion ( C) N o. 4 2 of 2 0 1 3 1. Shri Milan Silwal, Son of Lat e G.P. Silwal, Asst t . Super int endent Transport , Transport Depart m ent , SNT Div ision, Governm ent of Sik k im , Rangpo, East Sik k im . R/ o Turung Bust y, P.O. Turung, P.S. Nam t hang, Sout h Sikk im - 737 132, … Pe t it ione r . - versus - 1. The St at e of Sik k im , Through t he Chief Secret ary , Governm ent of Sik k im . 2. Depart m ent of Personnel ( DOP) , Through t he Secret ary, Governm ent of Sik k im . 3. Depart m ent of Transport , SNT Div ision, Through t he Secret ary, Governm ent of Sik k im . … Re sponde n t s. CORAM H ON ’BLE TH E CH I EF JUSTI CE M R. JUSTI CE N . K. JAI N 2 W P(C) No. 42 of 2013 D a t e of Judgm e nt : 0 5 .0 3 .2 0 1 4 For Pet it ioner : Mrs. Git a Bist a, Advocat e . For St at e- Respondent s : M/ s. J.B. Pradhan, Addl. Advocat e General and Kar m a Thinlay , Sr. Govt . Adv ocat e w it h S.K. Chet t ri and Pollin Rai, Asst t . Govt . Adv ocat es. Ja in, CJ ( Or a l) . Learned counsel for t he pet it ioner subm it t ed t hat t here is no need t o file rej oinder in t he present m at t er, t herefore, her st at em ent m ay be recorded t hat she w ill not file any rej oinder in t he case. Ordered accordingly. 2 .
Legal Reasoning
Mr. J.B. Pradhan, learned Addl. Advocat e General subm it t ed t hat present m at t er can be disposed off as part ly it has becom e infruct uous. He subm it t ed t hat so far as subsist ence allow ance is concerned, t he sam e has been paid t o t he pet it ioner , t herefore, wr it pet it ion t o t hat ext ent has becom e infruct uous. So far as ot her prayer regarding quashing of suspension or der is 3 W P(C) No. 42 of 2013 concerned, t he pet it ioner should approach t he concerned aut horit y under clause ( d) of sub- rule ( 5) of Rule 8 of Sik k im Governm ent Serv ice ( Discipline and Appeal) Rules, 1985 ( for short , ‘t he Rules of 1985’) and in case any adverse order is passed or t he pet it ioner feels dissat isfied w it h t he order of t he Review ing Aut hor it y , t he pet it ioner w ill have a fresh cause of act ion t o approach t his Court . He, t herefore, subm it t ed t hat t he wr it pet it ion
Decision
be disposed off. 3 . Learned counsel for t he pet it ioner adm it s t hat subsist ence allowance has been/ is being paid t o t he pet it ioner, t herefore, t o t hat ext ent , t he wr it pet it ion has becom e infruct uous. So far as quashing of suspension order of pet it ioner is concerned, she subm it t ed t hat a libert y m ay be grant ed t o t he pet it ioner t o subm it a represent at ion again before t he r espondent s and furt her libert y m ay also be grant ed t o approach t his Court , in case, t he pet it ioner feels dissat isfied w it h t he order passed by t he respondent s on his represent at ion. 4 . I have considered t he subm issions of t he learned counsel for t he part ies. The present wr it pet it ion 4 W P(C) No. 42 of 2013 was filed challenging t he suspension or der of t he pet it ioner passed by t he respondent s as well as act ion of t he respondent s in not grant ing t he subsist ence allowance t o t he pet it ioner during pendency of his suspension per iod. There is no disput e bet ween t he part ies t hat during t he pendency of t he wr it pet it ion, t he respondent s have already passed an or der grant ing subsist ence allowance t o t he pet it ioner, t herefore, t o t hat ext ent t he wr it pet it ion has becom e infruct uous. 5 . So far as anot her gr ievance about quashm ent of suspension order of t he pet it ioner is concerned, I am of t he v iew t hat pet it ioner should first approach t he concerned aut hor it y for rev iew of his suspension order under Rule 8 ( 5) ( d) of t he Rules of 1985 and in case, t he review ing aut hor it y decides his represent at ion against him , t hen he w ill be at libert y t o approach t his Court again. 6 . Consequent ly, t he wr it pet it ion is disposed off w it h libert y t o t he pet it ioner t o file a fresh represent at ion under Rule 8 ( 5) ( d) for rev iew of his suspension order . I f pet it ioner files a represent at ion w it hin a period of 15 5 W P(C) No. 42 of 2013 ( fift een) days from t oday along w it h t he order of t his Court , t hen t he respondent s are direct ed t o decide t he sam e as early as possible, but not lat er t han a period of t wo m ont hs from t he dat e of receipt of t he represent at ion. 7 . Wit h t he aforesaid observat ions, direct ions and libert y , t he wr it pet it ion st ands disposed off. Sd/ - ( N .K. Ja in) Chie f Ju st ice 0 5 .0 3 .2 0 1 4