Harkesh Chopra vs State Of Haryana And Others

The grievance of the petitioner is that though he filed an appeal along with a stay application in relation to his removal from the post of Sarpanch of

Gram Panchayat Badhi, Block Ganaur, District Sonepat, the Appellate Authority, viz., the Financial Commissioner-cum-Principal Secretary,

Department of Panchayats, Government of Haryana, the second respondent, is not taking up the matter in right earnest.

Mr. Chanakya Pandit, learned counsel for the petitioner, would inform this Court that the appeal has now been adjourned to 21.4.2020 and in the

meanwhile, the petitioner would be displaced.

Reliance is placed upon case law in support of the contention that an appellate authority is required to promptly consider the issues raised before it

by way of a statutory appeal. Reference in this regard is made to the decision of a Division Bench of this Court in CWP-15000-1996, titledK ashmir

Kaur v. Secretary to Government of Haryana, Development and Panchayat Department-cum-Financial Commissione r(1997 (1) PLR 242);

the decision of a learned Judge of this Court in CWP-27000-2019, titledS aroj Bala v. State of Haryana, and the decision of another learned Judge

of this Court in CWP-34025-2019, titled Sheetal Devi v. State of Haryana.

For reasons alike as were recorded in the aforestated orders and in terms thereof, the writ petition is disposed of directing the second respondent to

consider and dispose of the appeal filed by the petitioner on the next date of hearing. In the event the appellate authority is unable to do so, it shall at

least consider the stay application filed by the petitioner in the said appeal on merits. Pending such decision, be it in the appeal or in the stay

application, as the case may be, the order under appeal dated 3.2.2020 (Annexure P-1) shall remain in abeyance.

No order as to costs.