Sudesh Kumar vs State Of Haryana And Others

Sanjay Kumar, J

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

the Gram Panchayat of Village Norata, Block Indri, District Karnal, the Appellate Authority, viz., the Financial Commissioner-cum-Principal

Secretary, Department of Rural Development and Panchayats, Government of Haryana, Chandigarh, is not taking up the matter in right earnest.

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 first 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 6.11.2019 (Annexure P-1) shall remain in abeyance.

No order as to costs.