- (1.) The petitioner, who was a member of the Punjab Agriculture Service Class-II, was dismissed vide order dated August 16, 1990. He filed an appeal on October 1, 1990. About three months later, he filed the present writ petition on January 9,1991. The petitioner impugns the order of his dismissal for service.
(2.) In the written statement filed on behalf of the respondents, it has been inter alia averred that "the petitioner has filed this petition prematurely in the Hon'ble High Court without awaiting final decision of his appeal............". However, in paragraph 18, it has been stated that the appeal and representations submitted by the petitioner "were received and rejected by the competent authority after due consideration. The petitioner was also informed accordingly."
(3.) Mr. R.C.Chatrath, learned counsel for the petitioner states that the petitioner has not received any communication about the decision of his appeal or representations submitted by him. He further submits that the stand taken by the respondents in the written statement is apparently contradictory. Faced with this situation, Mr. R.S. Surjewala, learned counsel for the respondents submits that the appeal submitted by the petitioner shall be decided afresh by the competent authority after hearing the petitioner. Mr. R.C. Chatrath accepts this position.;