Tara Singh Bora vs The Managing Director & Appellate Authority, Kumaon Mandal Vikas Nigam Limited, Nainital

V.K. BIST, J.

Petitioner has approached this Court seeking the following relief:

“1) Issue a writ, order or direction in the nature of mandamus commanding the respondent to decide the departmental appeal of the petitioner filed

on 03.11.2016 (Annexure-3 (Colly) to the writ petition) in compliance of the Hon’ble High Courts direction date 05.10.2016, which is lying pending

without initiating any hearing proceedings as yet, expeditiously with time bound directions as the petitioner was superannuated on 13.04.2014 and

facing serious financial hardships and mental sufferings due to pendency of the appeal in question.â€​

2) Briefly put, the case of the petitioner is as follows:

In the year 1991, a theft incident occurred in the Store of the Parwat Plastic Unit, Kathogdam. Thereafter, stock verification was done by the

committee and committee found shortage of the 2592 kgs. of plastic bags. On 18.09.2000, petitioner was charge sheeted along with few others. On

23.09.2013, Inquiry Officer directed the petitioner to produce his version/ defence against charge sheet levelled against him. Thereafter, on

22.10.2013, the Enquiry Officer gave final opportunity to the petitioner to file his reply. Thereafter, Enquiry Officer submitted ex parte enquiry report

before the Disciplinary Authority by holding the charges proved. On 13.01.2014, the Disciplinary Authority issued show cause notice to the petitioner

for keeping his version before him by fixing the date for personal hearing; but, not heard the case due to his busy schedule. Thereafter, on 20.01.2014,

petitioner again submitted his detailed reply in his defense. On 26.07.2016, enquiry was concluded against the petitioner by holding him guilty of all the

charges. Thereafter, on 05.10.2016, petitioner challenged the ex parte order of the respondent by filing WPSS No. 1680 of 2016, which was dismissed

by this Court on the ground of alternative remedy. Thereafter, on 03.11.2016, petitioner submitted his departmental appeal before the respondent,

which is pending consideration. Thereafter, petitioner has tried by all possible means to get the departmental appeal decided by the respondent, but the

same is pending till date. Hence the petitioner is before this Court.

3) Learned counsel for the petitioner prayed that the writ petition may be disposed of by directing the respondent to decide the departmental appeal of

the petitioner at the earliest.

4) Learned counsel for the respondent submitted that the prayer made by the learned counsel for the petitioner is innocuous and the respondent has no

objection in case such direction is issued and the departmental appeal of the petitioner shall be decided at the earliest in accordance with law.

5) Considering the submission advanced by the learned counsel for the parties, the writ petition is disposed of by directing the respondent to decide the

departmental appeal of the petitioner in accordance with law within a period of four months from the date of production of a certified copy of the

judgment.

6) No order as to costs.