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High Court of Punjab and HaryanaCWP/30518/2024disposed of

Manoj Kumar v. The Punjab State Cooperative Supply And Marketing Federation Limited Through Its Managing Director

2024-11-12Mr. Justice Namit Kumar2 pages

CWP No.30518 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.30518 of 2024 (O&M) Date of decision: 12.11.2024 Manoj Kumar ....Petitioner

Versus

The Punjab State Cooperative Supply and Marketing Federation Limited 'MARKFED' and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Shiv Kumar, Advocate and Mr. Love Dev Singh, Advocate for the petitioner. Ms. Pushpanjali Bisht, Advocate for Mr. T.S. Sidhu, Advocate for the respondents. NAMIT KUMAR J. (Oral) 1.

The instant petition has been filed by the petitioner seeking a writ of mandamus for directing respondent No.2, to hear and decide the statutory departmental appeal dated 18.10.2024 (Annexure P-3) along with application for stay dated 18.10.2024 (Annexure P-4) filed by petitioner, against the punishment order dated 16.08.2024 (Annexure P-2), passed by respondent No.3, in a time bound manner as stipulated under the Service Rules read with Instructions dated 03.03.1997 (Annexure P-6). Further prayer has been made to set-aside the punishment order dated 16.08.2024 (Annexure P-2), passed by respondent No.3. Another prayer has been made to direct respondents not to effect recovery from the salary of the petitioner. 2.

Learned counsel for the petitioner prays for deciding the appeal dated 18.10.2024 (Annexure P-3) along with application for stay MOHD YAKUB 2024.11.12 18:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.30518 of 2024 (O&M) dated 18.10.2024 (Annexure P-4) filed by the petitioner expeditiously by passing a speaking order in a time-bound manner. 3.

Notice of motion.

4.

Ms. Pushpanjali Bisht, Advocate for Mr. T.S. Sidhu, Advocate, accepts notice on behalf of the respondents and submits that the appeal and application for stay filed by the petitioner shall be decided expeditiously.

5.

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

6.

Respondent No.1 - Appellate Authority is directed to decide the appeal dated 18.10.2024 (Annexure P-3) along with application for stay dated 18.10.2024 (Annexure P-4), filed by the petitioner, in accordance with law by passing a speaking order as expeditiously as possible preferably within a period of six 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 12.11.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.11.12 18:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh