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Judgment
Sujoy Paul, Judge
Petitioner is heard on admission. The petitioner''s appointment was called in question by respondent No. 4. Shri D.K. Katare submits that the said challenge by way of appeal is decided by order dated 14/05/2012. The appellate authority has not issued notice to the petitioner and without hearing her, annulled her appointment. Consequently, by order dated 31/05/2012, respondent No. 4 is appointed.
Learned counsel for the petitioner fairly admits that as per Para 5 of W.P., petitioner preferred an appeal before the Commissioner against Annexure-P/1 and in the said appeal interim order has not been granted by the appellate authority. Shri Katare submits that since the orders Annexure-P/1 & P/2 are passed without following the principles of natural justice, this Court can directly interfere in the matter.
I have heard learned counsel for the petitioner and perused the record.
Admittedly, the petitioner''s appeal is pending before the appellate authority and Annexure-P/1 is under challenge. The exparte ad-interim relief is rejected by the Commissioner. However, petitioner has not chosen to challenge the said order of the appellate authority, whereby stay was rejected. The question is whether this petition should be entertained when admittedly appeal is pending. This point is no more res-integra and decided by Supreme Court in Chairman-Cum-M.D., Coal India Ltd. and Others Vs. Ananta Saha and Others, The relevant portion of the judgment reads as under:
24..... More so, the writ petition could not have been proceeded with and heard on merit when the statutory appeal was pending before the Board of Directors. CIL. (See Transport and Dock Workers Union Vs. Mumbai Port Trust.)
Considering the aforesaid, this petition is not entertainable because petitioner has already chosen an alternative remedy.
Accordingly, this petition is not entertained. However, considering the allegation of the petitioner that her livelihood is snatched without hearing her, I deem it proper to observe that the competent appellate authority shall expedite the hearing and conclude it expeditiously, preferably within 45 days. Petition stands disposed of.