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2006 Supreme(Raj) 1684
High Court Of Rajasthan
Judgename : N.P.GUPTA
KANARAM - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CIVIL WRIT 4599 Of 2005
Decided On : 05/26/2006
The court's decision was based on the petitioner's request to withdraw the writ petition and approach the Tribunal, as well as the status of the interim stay granted.
Headnote:
Stay Petition - Rajasthan Civil Services Appellate Tribunal - The court dismissed the writ petition as withdrawn but clarified that the interim stay granted would remain in force if the petitioner approaches the Tribunal within two weeks.
Fact of the Case:
The petitioner sought stay but was advised to approach the Rajasthan Civil Services Appellate Tribunal, which had started functioning. The petitioner sought to withdraw the writ petition with liberty to approach the Tribunal.
Finding of the Court:
The writ petition was dismissed as withdrawn, but the court clarified the status of the interim stay granted.
Issues:
Ratio Decidendi: The court's decision was influenced by the petitioner's request to withdraw the writ petition and approach the Tribunal, as well as the interim stay granted earlier.
Final Decision: The writ petition was dismissed as withdrawn, with clarification on the continuation of the interim stay if the petitioner approaches the Tribunal within two weeks.
( 1 ) THE matter comes up for consideration of stay petition. However, learned counsel for the petitioner stands advised that he has a remedy to ventilate his grievance before the Rajasthan Civil Services Appellate tribunal, as the Tribunal has now started functioning. In that view of the matter, he seeks to withdraw this writ petition with liberty to approach the Tribunal.
( 2 ) THE writ petition is accordingly dismissed as withdrawn. However, since the writ was admitted on 4. 8. 2005, and interim stay was granted, it is clarified that if the petitioner approaches the Tribunal within a period of two weeks from today, the interim order dated 4. 8. 2005 shall remain in force for a period of four weeks, or till the Tribunal considers the application for grant of interim relief, whichever is earlier.
