^- CT21^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BU-ASPiJR WRIT PETITION (S) No. MS^- OF 2010 PETITIONER RESPONDENTS Nitesh Singh, aged about 28 years S/o Shri Rajbahadur Singh, Occupation: Constable (Terminated), R/o Pandaritarai, Near Shiv Mandir, District Raipur Chhattisgarh VER SU S 1^ State of Chhattisgarh through Department of Home (Police), Mantralaya, DKS Bhawan, Raipur Chhattisgarh t> ^.--^^ ,^1?' ^b^N >>" ,'<•••• < r^: 2. 3. 4; 5. The Secretary, Government of Chhattisgarh, Department of Home (Police), Mantralaya, DKS Bhawan, Raipur, Chhattisgarh Director General of Police, Headquarters, Raipur, Chhattisgarh Police Additional Director General of Police, Police Headquarters, Raipur, Chhattisgarh Inspector General of Police, Raipur Range, Raipur, Chhattisgarh 6. Senior Superintendent of Police, Raipur Chhattisgarh District WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WR!T OR WRITSJN THE NATURE OF MANDAMUS, CERTIORARI, PROHIBITION, DIRECTION OR DIRECTIONS,^RDERS O^ORDERS^)R THE LIKE HiGH COURT OF CHHATTiSGARH : BILASPUR PET!TIONER iT PETITiON (S) N0.452 OF 2010 Nltesh Sinah SA RESPONDENTS State of Chhattisgarh & O'thers ff- (Writ Petition under Articie 226 of the Constitution of india) Sinaie Bench : Hon'bie Shri Satish K. AGnihotri, J. Present:- Shri D.K. Whankhade, counset for the petitioner. Shri M.P.S. Bhatia, Ciy. Govt. Advocate forthe S 2. ORDER (ORAU .'Passed Q" this 15" dav of Februarv. 20101 With the consent of iearned counsel appearing for the oarties. the oetition is heard finaiSv. Bv this oetition, the oetitioner seeks to chaiienge the vaiiditv of the impugned order dated 28-12-2006 (Anni whereby the oetitioner was terminaied from the services. IIV nioner nas titioner, an appeal before the Director 3. Beina aaaneved c oreferred, accordina to Genera! of Police (Annexure - PiS). which is Dendinci consideration since 5-3-2009. 4. lt is wei! settied that extra ordinary jurisdiction of ths writ Court has not to be exerclsed !n a situatlon ilke this w'nerein appeai is sti oending consideranon. The isetitioner without waitina for the decision on hss appeal has approached this Court. Thus, this writ -, petition is not mairriainabie, as two para'iei proceedings csnnot be aiiowed to continue and, as such. thls Detition is pre-maturs. Gowri s. -l-i^ l-- i his Uourt in Lalit Ki v. 5-tat Another , obsar./ed that "v.'hen the rep'ssentation 's pend'na before tf?e Chanceiiw. there i's no occasksn to enteiiain a sscond yng under exercise ot extra bv ffjis wte 226 of f^. Lf^? in view OT ror. ine wnt D@S is dismissed as not maintainabie st the motion stage itseif. However, it is expected that the appeliate authority may consider and decide the pending appea! of the petitioner as expeditiousiy as possible, in accordance with Saw and on its own merits. ..--- Sdl- , sb^ f^^0»l s^ll^e •}p o VvF (S) No."1971 of '2008 decided on 3-4-2008