BALRAM JI OMAR v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES
WPSB/107/2025 · 2025-04-29
Ashish Naithani, Manoj Kumar Tiwari
body2025
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[ 2025 DAILYLAW 5273 (UTT) · dailylaw.ai ]
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[ 2025 DAILYLAW 5273 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:3219-DB SL. No. Date Office Notes, reports, orders or proceeding s or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB 107/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J.
Mr. Ajay Veer Pundir, Advocate, for the petitioner. Mr. Lalit Sharma, Central Govt. Standing Counsel, for the respondent.
(2) Petitioner is serving as Professor (Microbiology) in All India Institute of Medical Sciences, Rishikesh, District Dehradun. He was put under suspension, vide order dated 7.6.2024, in contemplation of disciplinary enquiry. Petitioner challenged the said order in a writ petition, which was dismissed by this Court on the ground of alternate remedy with liberty to petitioner to approach Central Administrative Tribunal.
(3) According to petitioner, learned Central Administrative Tribunal directed the competent authority to take decision on petitioner’s appeal within four weeks.
Learned Counsel for the petitioner submits that without taking decision on petitioner’s appeal, suspension order is being extended. In this writ petition, petitioner has challenged one such extension
order, passed on 5.12.2024.
(4)
Learned Counsel for the respondent, however, submits that since petitioner has remedy to approach Central Administrative Tribunal, therefore, writ petition may be dismissed on the ground of
2025:UHC:3219-DB alternate remedy.
(5) We find substance in the submission made by learned Counsel for the respondent. Since All India Institute of Medical Sciences, Rishikesh is notified under Central Administrative Tribunals Act, 1985, therefore, petitioner has remedy to approach Central Administrative Tribunal. On this short point alone, writ petition is dismissed on the ground of alternate remedy with liberty to the petitioner to approach Central Administrative Tribunal.
(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)
29.4.2025 Pr
PRABOD H KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c 50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EF DF806ACCC1AB588052DF6FCA58C67F3C919 57BE53, cn=PRABODH KUMAR Date: 2025.04.30 16:41:44 +05'30'
2025:UHC:3219-DB