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Judgment
14 paragraphs · 256 wordsTarlok Singh Chauhan, J
The instant petition has been filed for the grant of following substantive relief(s):-
a) Writ of Certiorari may kindly be issued for quashing and set aside the impugned order dated 19.02.2020 as well as office order dated 29th August,
2020 whereby the petitioner has been imposed the penalty by reducing the pay of Rs. 4900/- in the pay band of Rs. 4900-10680+1650 Grade Pay for a
period of 5 years.
b) Issue any other appropriate writ to authorities below to release all the consequential benefit with held in pursuant to order dated 19.02.2020 as well
as office order dated 29th August, 2020 respectively with interest.
At the outset, we need to observe that the petition is not maintainable as the petitioner has adequate efficacious and alternate remedy available to
him under service rules, rather the petitioner has already availed such remedy(ies) by filing an appeal before the competent authority, which
unfortunately, till date has not been decided and despite that penalty has been imposed.
In such circumstances, we are of the considered view that the ends of justice would be met, in case, the appellate authority is directed to consider
and decide the appeal, as expeditiously as possible, and in no event later than 31st December, 2020. Ordered accordingly. Till such time, the penalty
imposed on the petitioner shall remain in abeyance and shall abide by the final order that may be passed by the appellate authority.
The petition stands disposed of, so also pending application(s), if any.