IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.17412 of 2009 Date of Decision: November 10, 2010 Dr. Sukhdev Singh Domelli .....PETITIONER(S) VERSUS State of Punjab & another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. H.S. Saggu, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for the petitioner. . . . AJAI LAMBA, J (Oral) 1. This writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Order dated 5.6.2009/ 17.9.2009 (Annexure P-1) vide which the services of the petitioner have been dismissed on the ground that the petitioner was found doing private practice and also claiming Non Practicing Allowance. 2. Learned counsel for the petitioner asserts that it was on humanitarian grounds that CWP No.17412 of 2009 [2] the petitioner performed one surgery. 3. Learned counsel for the respondent- State contends that evidence on the record been considered, however, no observation has been made by the enquiry officer that it was on humanitarian ground. It has been stated by the learned counsel that impugned order has been passed by an authority having jurisdiction under the service rules and Writ Court cannot substitute its opinion for the opinion of the executive authorities. 4. Learned counsel for the petitioner states that disputed questions of facts have arisen and therefore, the petition be dismissed as withdrawn so as to enable the petitioner to take recourse to alternate remedy as permissible by law. 5. Dismissed as withdrawn with liberty as prayed for. (AJAI LAMBA) November 10, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?