Facts of the Case

The petitioner, Smt. Gulapa Purseth, was working as a Deputy Commissioner, Commercial Tax (GST) Division II, in Civil Lines, Raipur, Chhattisgarh. She filed a writ petition (WPS No. 8535 of 2022) before the High Court of Chhattisgarh at Bilaspur. The respondents arrayed in the case included the State of Chhattisgarh through the Principal Secretary of the Commercial Tax (GST) Department (Respondent No. 1), the Commissioner of the Commercial Tax (GST) Department (Respondent No. 2), the Chhattisgarh Public Service Commission through its Secretary (Respondent No. 3), and a private party, Manish Mishra, who was also posted as a Deputy Commissioner in the Commercial Tax (GST) Department Head Office (Respondent No. 4). The grievance emerged within the administrative ambit of state civil services and promotion/seniority criteria under the Commercial Tax Department. However, before the court could adjudicate the matter on its technical and legal merits, the petitioner chose a different procedural recourse.

Issues Involved

  • Whether the petitioner was entitled to immediate judicial intervention by the High Court under Article 226 of the Constitution of India concerning departmental or service matters before administrative remedies were exhausted.
  • Whether the representation submitted by the petitioner on November 16, 2022, before the Chhattisgarh Public Service Commission (Respondent No. 3) required directions for time-bound consideration and disposal.

Petitioner’s Arguments

At the very outset of the hearing, the learned counsel representing the petitioner, Mr. Mateen Siddiqui, stated that the petitioner did not wish to press the writ petition at this juncture. The core of the petitioner’s argument shifted from seeking a direct judicial writ to requesting a procedural liberty. The counsel prayed before the Bench that the petitioner may be permitted to withdraw the current litigation with the explicit liberty to actively pursue her pre-existing administrative representation, which had been formally submitted on November 16, 2022, before the Chhattisgarh Public Service Commission.

Respondent’s Arguments

The state and institutional authorities were represented by Ms. Suneeta Jain (Government Advocate for Respondents No. 1 & 2) and Mr. Anand Mohan Tiwari (Advocate for Respondent No. 3). Given the petitioner’s structural submission to withdraw the petition and seek alternative administrative recourse, the respondents did not object to the disposal of the writ petition, provided the statutory body (Chhattisgarh Public Service Commission) retained its independent authority to evaluate the representation on its own merits in accordance with applicable service rules.

Court Order / Findings

The matter was heard on board on December 2, 2022, by Hon’ble Shri Justice Parth Prateem Sahu. Taking note of the explicit submission made by the petitioner’s counsel, the High Court observed that the petitioner explicitly chose not to press the writ petition at this stage. Consequently, the Court did not enter into the merits of the underlying dispute. The High Court ordered that the writ petition stand disposed of, granting the petitioner the explicit liberty as prayed for—namely, to pursue her representation dated November 16, 2022, before the Chhattisgarh Public Service Commission. The court also directed the issuance of a certified copy of the order on the same day.

Important Clarification

This case clarifies an essential principle of administrative law and civil service litigation: when an alternative, efficacious administrative remedy (such as a pending representation before a Public Service Commission) is available, a petitioner can safely opt to withdraw a high court writ petition to pursue that departmental channel. The disposal of a case as "not pressed" with "liberty to pursue representation" ensures that the petitioner's right to approach the court again remains secure if the administrative body fails to grant fair or lawful redressal.

Sections Involved

  • Article 226 of the Constitution of India: Power of High Courts to issue certain writs for the enforcement of fundamental rights and statutory rights (under which WPS No. 8535 of 2022 was preferred).

Link to download the order - https://mytaxexpert.co.in/uploads/1783143345_493compressed.pdf

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