IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 203 of 2010 Narpat Singh S/o Sri Naubat Singh, R/o Village & Post Bhagwanpur Via Nagina, District Bijnor (U.P.) …….……Appellant Versus Managing Director, Uttarakhand Van Vikas Nigam, Camp Office Aryan,Vikash Bhawan, 73, Nehru Road, Dehradun. …...……. Respondent Present: Mr. M.C. Pant, Advocate for the appellant. Ms. Seema Serohi, Advocate for the respondent. Coram:- Hon’ble Barin Ghosh, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Date of Decision : 27.10.2010 Barin Ghosh, C. J. (Oral) In view of the absence of the Executive Member, the Tribunal is not functioning since the last such Member demitted his office on attaining the appropriate age. By the judgment and order under appeal, the writ petition has been dismissed, inasmuch as, the appellant has a forum before the Tribunal to redress his grievances. In accordance with the Rules, only a Bench of the Tribunal comprising the Judicial Member and the Executive Member can entertain a claim petition challenging an order of dismissal. Therefore, the appellant did not have a forum to have his grievances espoused in the writ petition redressed through the Tribunal. On that ground, the judgment and order under appeal is set aside. On this ground, although the same was not brought to the notice of the learned Judge who dealt with the matter, the appeal is allowed. Let the writ petition be heard on its merit. ( Sudhanshu Dhulia,J. ) ( Barin Ghosh, C.J.) 27.10.2010 P. Singh