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Judgment
Ajai Lamba, J.—Vide Order dated 29.3.2006 (Annexure P-1), the petitioner was served with a chargesheet alleging that the petitioner had shown less excess of wheat lying in the godowns, and indicating negligence on the part of the petitioner.
Vide Order dated 9.11.2006 (Annexure P-6), Sh. M.M. Oberoi, IAS (Retd.), has been appointed as Enquiry Officer. Vide Annexure P-7 dated 7.1.2008, enquiry report has been submitted concluding that it was on account of carelessness and negligence in performance of duties that loss has been caused to the Department.
Vide Order dated 27.9.2008 (Annexure P-8), the punishing authority has imposed the punishment. It has been ordered that recovery be effected from the salary of the petitioner.
The petitioner filed a statutory appeal vide Annexure P-9 taking detailed grounds. In the appeal, prayer for setting aside the proceedings has been made. Alongwith the main prayer, stay of recovery has been prayed for.
By way of this petition, prayer is for issuance of a writ in the nature of certiorari, quashing Orders dated 29.3.2006 (Annexure P-1), 9.11.2006 (Annexure P-6), 7.1.2008 (Annexure P-7) and 27.9.2008 (Annexure P-8).
Notice of motion.
On the asking of the Court, Mr. B.S. Chahal, Deputy Advocate General, Punjab, accepts notice on behalf of respondents. Requisite number of copies of the petition have been given to learned Counsel for the respondents.
On request of learned Counsel for the parties, the matter is being taken up today itself for adjudication in view of the peculiar facts and circumstances of the case.
Having considered the issue, I am of the considered view that because statutory appeal is pending against the petitioner, it would not be appropriate for this Court to substitute its opinion in judicial review.
The petition is accordingly disposed of with direction to the appellate authority to take final decision on the statutory appeal of the petitioner (Annexure P-9) within a period of three months of the receipt of a certified copy of this order.