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High Court of Punjab and HaryanaCWP/8895/2024disposed of

Ashwani Kumar v. Appellate Authority, Punjab State Warehousing Corporation And Another

2024-04-22Mr. Justice Namit Kumar2 pages

CWP No.8895 of 2024 (O&M) 2024:PHHC:053469

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.8895 of 2024 (O&M) Date of decision: 22.04.2024 Ashwani Kumar ....Petitioner

Versus

Appellate Authority and another ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Shiv Kumar, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

Instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for issuance of directions to respondent No.1 to decide the statutory departmental appeal dated 09.04.2024 (Annexure P-2) along with application for stay dated 10.04.2024 (Annexure P-3) filed against the punishment order dated 02.04.2024 (Annexure P-1) passed by respondent No.2, being Punishing Authority in a time bound manner as stipulated under the Service Rules read with Instructions dated 03.03.1997 (Annexure P-4) and to set-aside the order dated 02.04.2024 (Annexure P-1) passed by respondent No.2 - Punishing Authority.

2.

Learned counsel for the petitioner prays for deciding the statutory departmental appeal dated 09.04.2024 (Annexure P-2) along with application for stay dated 10.04.2024 (Annexure P-3), filed by the petitioner expeditiously by passing a speaking order in a time-bound manner.

MOHD YAKUB 2024.04.22 17:18 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.8895 of 2024 (O&M) 2024:PHHC:053469 3.

Notice of motion.

4.

Ms. Bisman Mann, Advocate, accepts notice on behalf of the respondents and submits that she has no objection if some timebound directions are issued to the Appellate Authority to consider and decide the appeal as well as the application for stay, filed by the petitioner.

5.

I have heard learned counsel for the parties and have gone through the case file.

6.

Respondent No.1 - Appellate Authority is directed to decide the statutory departmental appeal dated 09.04.2024 (Annexure P-2) along with application for stay dated 10.04.2024 (Annexure P-3) filed by the petitioner, in accordance with law by passing a speaking order as expeditiously as possible preferably within a period of 06 months from the date of receipt of certified copy of this order. 7.

Since the statutory appeal filed by the petitioner is pending and yet to be decided, it will be in the interest of justice that no further recovery be effected from the petitioner.

8.

Petition stands disposed of in the above terms. (NAMIT KUMAR) JUDGE 22.04.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.04.22 17:18 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh