Ramesh Sharma vs HPMC & Anr

Jyotsna Rewal Dua , J

With the consent of learned counsel for the parties, the matter is taken up for disposal at this stage.

This writ petition has been filed against the order dated 10.11.2022 passed by the Disciplinary Authority imposing penalty of recovery of Rs.33,38,230 from the petitioner, in regular installments from his pay not exceeding 30% of gross salary i.e. Rs.10,000/- per month.

During hearing of the case, learned counsel for the respondent submitted that the petitioner has already availed the remedy of filing appeal against the impugned order before the Appellate Authority i.e. Board of Directors of the respondent. The said appeal is still pending consideration.

Learned counsel for the petitioner did not dispute the above factual position and submitted that this writ petition was preferred, when the appellate authority was not duly constituted.

Taking note of the submission made by learned counsel for the respondent that the appellate authority i.e. Board of Director is now in place and the appeal preferred by the petitioner against the impugned order in the instant petition is pending consideration, it will not be appropriate to go into merits of this petition as the writ petitioner has availed the alternate remedy available to him. Accordingly, the writ petition is disposed of as not maintainable as the petitioner has alternate remedy, which he has availed. However, it is hoped and expected that the Appellate Authority shall expeditiously consider and decide the appeal of the petitioner, in accordance with law, preferably within four weeks from today. All pending miscellaneous applications, if any, also stand disposed of.