IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.18968 of 2008 (O&M) DATE OF DECISION: AUGUST 17, 2009 Prem Chand Sharma .....PETITIONER Versus The State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.T.S.Dhindsa and Mr. Gagandeep Garg, Advocates, for the petitioner. Mr. J.S. Puri, Addl.A.G.,Punjab, for respondents No.1 and 2. Mr.Manoj Bajaj and Mr.R.K.Arora, Advocates, for respondents No.3 and 4. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner, who has been dismissed from service by the Managing Committee, PBN Higher Secondary School, Amritsar and whose dismissal has been approved by the Director, Public Instructions, Punjab, has filed the instant petition challenging the said order. Concededly, against the impugned order the petitioner has an alternative remedy before the Educational Tribunal established under the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2007. When this petition was filed, the aforesaid Educational Tribunal was not functioning. Therefore, this petition was entertained. Now it has been informed by the State counsel that the Educational Tribunal has started functioning. C.W.P. No.18968 of 2008 -2- In view of the aforesaid fact, counsel for the petitioner states that the petitioner may be permitted to withdraw this petition with liberty to file an appeal, challenging the impugned order, before the Educational Tribunal. Counsel further states that he will file the necessary appeal before the said Tribunal within 15 days and till then the interim order dated November 6, 2008 passed by this Court, be remained operative. Counsel for the respondents has no objection to the said statement made by the counsel for the petitioner. In view of the aforesaid, this petition is dismissed as withdrawn with liberty to the petitioner to file an appeal against the impugned order before the Educational Tribunal within 15 days and till then the interim order dated November 6, 2008 passed by this Court will remain operative. In case any such appeal is filed by the petitioner before the Educational Tribunal within the stipulated period, it will be open for the Tribunal to pass any order, without being influenced by the interim order dated November 6, 2008 passed by this Court, after hearing the counsel for the parties, in accordance with law. August 17, 2009 (SATISH KUMAR MITTAL) vkg JUDGE