IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3374 of 1989 Date of decision: 29th June, 2010 Kanwar Singh … Petitioner Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ram Avtar Yadav, Advocate for the petitioner. Mr. Himanshu Raj, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner Kanwar Singh, a Salesman in the District Office of CONFED at Narnaul, challenges the order of termination of his services dated 9th February, 1989 (Annexure P-7), being illegal arbitrary and without jurisdiction. A preliminary objection has been raised by respondent No.2 that the order of termination is appealable under Rule 30.1 of the Staff Service Rules, 1975 and the petitioner has rushed to this Court without availing of the alternative remedy available to him. Present writ petition was filed on 13th March, 1989. Counsel for the petitioner has submitted that under the wrong notion, within a period of one month, he had preferred the present writ petition and had not availed of the alternative remedy of appeal. Learned counsel has further submitted that for approaching the wrong forum, he cannot be Civil Writ Petition No.3374 of 1989 penalized on account of delay, especially when he is still ready to file an appeal before the prescribed appellate authority. He prays that he may be permitted to withdraw the present petition with liberty to file an appeal before the appropriate appellate authority. In view of the submissions made by counsel for the petitioner, present writ petition is dismissed as withdrawn, with liberty to the petitioner to file an appeal under Rule 30.1 of the Staff Service Rules, 1975 and avail the statutory remedy. In case, the appeal is filed within a period of one month, the appellate authority shall not raise any objection that the same is barred by limitation, especially when the petitioner, within the reasonable time, had approached this Court. Since, the order of termination (Annexure P-7) was stayed by this Court, it be not given effect to for a period of 30 days from today. [KANWALJIT SINGH AHLUWALIA] JUDGE June 29, 2010 rps 2