SURESH RATHORE Vs. STATE OF UTTARAKHAND THROUGH CHIEF SECRETARY
LAWS(UTN)-2012-11-4
HIGH COURT OF UTTARAKHAND
Decided on November 06,2012

Suresh Rathore Appellant
VERSUS
State Of Uttarakhand Through Chief Secretary Respondents

JUDGEMENT

- (1.) Heard. This appeal is directed against order dated 13.9.2012, passed by learned single Judge, of this Court in Writ Petition (M/S) No. 1970 of 2012, whereby said Court has dismissed the writ petition filed by the petitioner/appellant.
(2.) Brief facts of the case are that the writ petitioner was appointed as Vice Chairman of Uttarakhand Scheduled Castes and Scheduled Tribes Commission on 19.1.2010. It is admitted to the writ petitioner that he resigned from the said post vide his letter dated 7.1.2012. The petitioner filed a writ petition seeking quashing of the notification dated 7.1.2012, issued by Principal Secretary/Commissioner Social Welfare Department, Government of Uttarakhand, whereby the resignation was accepted. He further sought direction of this Court to continue to function as Vice Chairman of the Commission. In the counter-affidavit filed before the learned single Judge, it is stated that the writ petitioner/appellant submitted his resignation before the Assembly Elections as he intended to contest the election from the constituency Bhagwanpur, District Haridwar, and after acceptance of the resignation, he has no right to continue and function as Vice Chairman of State Scheduled Castes and Scheduled Tribes Commission.
(3.) Learned single Judge, dismissed the writ petition as the resignation submitted by the writ petitioner/appellant was accepted and communicated to him.;


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