Amrish Tripathi vs Union Of India & Others

Tarun Shridhar, Member (A)

We have joined this Division Bench through video conferencing.

Shri Jaswant Singh, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents are present.

The applicant is aggrieved by an order vide which penalty of removal from service has been imposed upon him.

Learned counsel for the applicant submits that the applicant has preferred the statutory appeal before the appropriate appellate authority which is still lying pending. Accordingly, he prays that the applicant would be satisfied if the concerned appellate authority is directed to decide the appeal of the applicant within a time bound manner in accordance with rules.

Learned counsel for the respondents submits that the applicant had filed an appeal in the year 2019 also and he needs to ascertain the outcome of the said appeal. However, it would be appropriate that we do not go into the detailed merits of the case at this juncture and allow the appellate authority to exercise its independent jurisdiction and decide the pending appeal dated 21.04.2021 (Annexure A-7) of the applicant.

Accordingly, the present original application is disposed of with a direction to the appellate authority to decide the pending appeal of the applicant dated 21.04.2021 (Annexure A-7) in accordance with rules within a period of 12 weeks from the date of this order.

We would like to emphasise that we have neither examined nor commented upon the merits of the claim of the applicant. No costs.