C.M. No. 6792 of 2011 and C.W.P. No. 3074 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No. 6792 of 2011 and C.W.P. No. 3074 of 2010 Date of Decision : May 13, 2011 Harjit Singh s/o Sh. Harbans Singh .... PETITIONER Vs. Secretary, Shiromani Gurudwara Prabandhak Committee and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Anil Chawla, Advocate, for the petitioner. Mr. Mrigank Sharma, Advocate, for the respondents. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) C.M. No. 6792 of 2011 C.M. is allowed. Annexure R-8 is taken on record. CWP No. 3074 of 2010 On the last date of hearing i.e. 09.5.2011, the case was adjourned by observing as follows:- “On the last date of hearing, counsel for the respondents was directed to seek instructions as to under which Rules, the services of the petitioner would be governed and to which C.M. No. 6792 of 2011 and C.W.P. No. 3074 of 2010 2 authority, the appeal would lie, if any, which the petitioner had preferred. Counsel for the respondents, in pursuance of the order dated 19.04.2011, has placed on record the Service Rules of Shri Guru Ram Dass Charitable Hospital Trust. He contends that the said Rules are applicable to the petitioner. Counsel for the petitioner, while referring to Rule 5 of the said Rules, submits that there is a provision for filing an appeal but the authority, to whom the appeal would be maintainable, has not been specified therein. Counsel for the respondents is unable to inform the Court as to the competent authority to which the appeal would lie. He prays for a short adjournment to seek instructions in this regard. The adjournment, as prayed for, is granted. Adjourned to 13.05.2011. It shall, however, be subject to the payment of ` 2,000/- as costs to be deposited with the Punjab and Haryana High Court, Bar Association, Lawyers' Welfare Fund.” Counsel for the respondents states that the cost, in compliance with the said order, has been deposited. He further states that the appeal under Rule 3 of the Service Rules of Sri Guru Ram Dass Charitable Trust would lie to the Chairman of Shri Guru Ram Dass Charitable Trust. Counsel for the parties agree that since the statutory appeal is available, the alternative remedy should be availed by the petitioner first. C.M. No. 6792 of 2011 and C.W.P. No. 3074 of 2010 3 The present writ petition is disposed of with liberty to the petitioner to file an appeal under Rule 3 of the Service Rules of Sri Guru Ram Dass Charitable Trust within a period of two weeks from today. If such an appeal is filed by the petitioner to the Chairman of Shri Guru Ram Dass Charitable Trust, the same shall be considered and decided on merits after giving the petitioner a personal hearing and permitting him to inspect the relevant records, expeditiously and preferable within a period of three months' of such submission of appeal. The respondents would not take the objection with regard to the delay in filing the appeal as the Forum, before which the appeal was to be preferred by the petitioner, was not coming forth. (AUGUSTINE GEORGE MASIH ) May 13, 2011 JUDGE pj