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High Court Of ChhattisgarhWPS/2545/2015disposed off

Dr. M. N. Naugraiya v. The Director Directorate Of Research Services

2015-08-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2545 of 2015

1. Dr. M. N. Naugraiya S/o Late Shri Babulal Naugraiya Aged About 58 years Principal Scientist, Department Of Forestry, College Of Agriculture, Raipur, District - Raipur (Chhattisgarh).

---- Petitioner

Versus

1. The Director Directorate Of Research Services S/o Indira Gandhi Agriculture University, G.E.Road, Raipur, DistrictRaipur (Chhattisgarh).

2. The Vice Chancellor, Indira Gandhi Agriculture University, G.E.Road, Raipur, District- Raipur (Chhattisgarh)

3. Chairman, Board Of Management Indira Gandhi Agriculture University, G.E. Road, Raipur, District- Raipur (Chhattisgarh)

4. Registrar, Indira Gandhi Agriculture University, G.E.Road, Raipur, District - Raipur (Chhattisgarh).

---- Respondent For Petitioner Shri H.B. Agrawal, Sr. Adv. with Ms. Preeti Yadav, Adv.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/08/2015 Heard learned counsel for the parties.

1. By order dated 4-9-2014 the respondent University has imposed punishment of stoppage of four increments upon the petitioner without cumulative effect.

2. The petitioner has already preferred an appeal against the said order on 26-12-2014 which is pending consideration before the Board of Management of the University.

3. Since two parallel proceedings are not permissible, in view of the law laid down by this Court, after placing reliance upon various pronouncements made by the Supreme Court, in V.K. Madhukar v. Union of India & Others1, the writ petition is disposed of with a direction to the Appellate Authority to consider and decide the petitioner's appeal, in accordance with law and on its own merits, at the earliest, preferably within a period of six months from the date of submission of certified copy of this order.

4. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- Judge Gowri Prashant Kumar Mishra WPS No.679 of 2015 (decided on 10-7-2015)