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Judgment
Vipin Sanghi, CJ
The present Special Appeal is directed against the order dated 20.10.2022, passed by the learned Single Judge in Writ Petition (S/S) No. 2023 of 2022, which reads as follows :-
“Mr. Pankaj Miglani, Advocate for the petitioner. Mr. Bhagwat Mehra, Advocate Holding Brief of Dharmendra Barthwal, Advocate for the respondents. Learned counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit.
List this case on 22.12.2022.
Enquiry proceedings may go on, however, final order shall not be passed without leave of this Court”
The appellant is aggrieved by the fact that the learned Single Judge has not stayed the departmental inquiry initiated against the appellant by the respondents.
The Writ Petition is still pending consideration. Time has been granted for filing of the counter affidavit. The Writ Petition is listed on 22.12.2022. Merely because the departmental inquiry proceedings have not been stayed, is no reason for the appellant to prefer this appeal, or for this Court to interfere with the impugned order. The appellant cannot escalate the matter before the Division Bench, merely because stay of departmental inquiry proceedings has not been granted.
We are, therefore, not inclined to entertain the present Special Appeal. The same is, accordingly, dismissed.
Counsel for the respondents, who appears on advance notice, states that the counter affidavit, in the Writ Petition, will positively be filed within one week.
Consequently, pending applications, if any, also stand disposed of.