Lalit Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-2954-2021(O&M) Date of decision : 10.02.2021 Lalit Kumar ... Petitioner(s)

Versus

State of Haryana and others ... Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Sumit Sangwan, Advocate for the petitioner. **** ALKA SARIN, J. (ORAL) Heard through video conferencing.

Learned counsel for the petitioner would contend that the petitioner has been suspended from the post of Sarpanch vide order dated 13.01.2021 (Annexure P-1). Against the said order the petitioner has availed the statutory remedy of appeal along with an application for stay before the Additional Chief Secretary, Government of Haryana, Development and Panchayats Department, Chandigarh. Learned counsel would further contend that neither the matter has been heard on merits nor the stay application has been taken up, thus, frustrating his statutory remedy. Reliance in this regard has been placed on CWP-2898-2021 titled Rekha Devi V/s State of Haryana and another; CWP-15000-1996 titled 'Kashmir Kaur Vs.

Secretary to Government of Haryana, Development and Panchayat Department-cum-Financial Commissioner and others [1997 (1) PLR 242]; CWP-27000-2019 titled Saroj Bala Vs. State of Haryana and CWP-340252019 titled Sheetal Devi Vs. State of Haryana and others; to contend that an appellate authority is required to promptly consider the issues raised YOGESH SHARMA 2021.02.

CWP-2954-2021(O&M) -2before it by way of a statutory appeal. Learned counsel for the petitioner would further contend that at this stage he would be satisfied if the present petition is disposed off in terms of the orders referred above. Notice of motion.

On the asking of the Court, Mr. Rajesh Gaur, Addl. A.G., Haryana has put in appearance through video conferencing and accepts notice on behalf of the State.

Heard learned counsel for the parties.

In terms of the limited prayer made by the learned counsel for the petitioner, the present petition is disposed off with a direction to respondent No.1 to consider and dispose off the appeal filed by the petitioner expeditiously. In case the appellate authority, for whatsoever reason, is unable to consider and dispose off the appeal expeditiously, it should at least consider the stay application filed by the petitioner along with the statutory appeal, within a period of one week from today. Pending such decision, be it in the appeal or in the stay application, as the case may be, the order dated 13.01.2021 (Annexure P-1) shall remain in abeyance.

Disposed off.

10.02.2021 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2021.02.10 20:03 I attest to the accuracy and integrity of this document