Court No. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Restoration Application (M.C.C.) No. 280 of 2008 On behalf of Satish Chandra …………….. Applicant/petitioner IN Writ Petition (S/S) No. 6934 of 2001 (Old No. 41889 of 1997). Satish Chandra S/o Sri Banarasi Das, C/o Om Prakash, Badrinath Van Prabhag Gopeshwar, District- Chamoli. ………. Petitioner Versus 1. Chhetriya Ayurvedic and Unani Adhikari, Chamoli, 2. Medical Officer, Govt. Ayurvedic Hospital, Dungri, District-Chamoli, 3. Director, Ayurvedic and Unani Services, U.P., Lucknow. ……….. Respondents. Date: March 26, 2008 Hon’ble P.C.Verma,J. Heard Sri N.S.Negi, learned counsel for the applicant/Petitioner and Sri H.M.Raturi, learned standing Counsel for the State/respondents. 2. Restoration application has been filed by the applicant to recall the order dated 26.02.2008, by which the petition was dismissed in non-prosecution. I have perused the grounds shown in the affidavit filed in support of the application. The grounds are satisfactory to allow the application. The application is allowed. Order dated 26.02.2008 is recalled and the petition be restored to its original number. 3. Heard the learned counsel for the parties on merit of the writ petition. 4. Since the petitioner is working in terms of the interim order dated 12.12.1997, by which the termination order dated 22.07.1997 was stayed. The appointing authority is Regional Ayurvedic and Unani Officer, Chamoli for the post of Sweeper-cum-Chowkidar. The perusal of the termination order shows that the termination order has been passed at the dictate of the Director, Ayurvedic and Unani Service, U.P. The appointing authority has not applied his mind. It is total abdication of discretion. Therefore, the termination order cannot be sustained. 5. The writ petition is allowed. The termination order dated 22.07.1997 is hereby quashed. The petitioner shall continue in service. (P.C.Verma,J.) 26.03.2008 P.Singh