Deepak Kumar Goutam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 570 of 2017 Deepak Kumar Goutam S/o Shri Shiv Narayan Gupta Aged About 29 Years Occupation Service Lecturer (Branch Mechanical Engineering) Engineering College, Jagdalpur District Bastar Chhattisgarh.

---Applicant

Versus

1. State of Chhattisgarh Through The Secretary, Department of Technical Education, Man Power And Planning Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Police Station Rakhi, District Raipur Chhattisgarh.

2. The Director, Directorate Of Technical Education Raipur Chhattisgarh.

3. The Public Service Commission, Through The Secretary, P. S. C. Raipur, District Raipur Chhattisgarh.

----Respondents 10/08/2017 Shri Mateen Siddique, Advocate for the applicant. Ms. M. Asha, Panel Lawyer for the State.

The counsel for the applicant prays for and is granted a days time to cure the defaults by deleting one of the prayer as inadvertently two prayers have been made in the instant MCC.

Prayer is allowed. Let defaults be cured during the course of day itself. The present MCC has been preferred seeking for restoration of WPS No.4117 of 2016 which stood dismissed as withdrawn on 22.11.2016. Counsel for the applicant submits that there appears to have been a miscommunication on the part of the petitioner and the earlier counsel on account of which inadvertently a statement was made by the earlier counsel for withdrawal of the writ petition. According to him, the petitioner has now instructed him to get the order passed on merits. Thus, prays for restoration of the writ petition.

He submits that since the said withdrawal has been passed at the

instance of petitioner, he does not have any other remedy available to him to prosecute his grievance except to pray for restoration of the petition. Therefore, the said writ petition may be restored to its original number. Having considered the contention, in the opinion of this court, sufficient cause has been shown seeking for restoration of the writ petition. Accordingly, the present MCC deserves to be and is hereby allowed. Writ Petition (S) No.4117 of 2016 stands restored to its original number. Sd/- (P. Sam Koshy) Judge Inder