AI Structured Summary
Not yet generated for this judgment
Judgment
PER : NARENDRA KUMAR JOHARI, MEMBER (J) :
Shri Niraj Kumar, learned counsel for applicant is present. Since Shri Bindhyachal Rai, ld. ASC on receipt of advance copy of O.A. has appeared for the opposite parties through VC mode and accepted notice hence issuance of notice is waived of.
Heard learned counsel for both the parties.
Learned counsel for applicant at the very outset has submitted that against the order dated 22.03.2023 passed by the Disciplinary Authority applicant has filed an Appeal dated 08.05.2023 before the Appellate Authority which is still pending and much time has been passed. He further submitted that Appeal is a statutory remedy and applicant is in the hope that if his Appeal is considered in accordance with Rule/Law, the grievance of the applicant shall be redressed. Therefore, he prayed that Appellate Authority may be directed to decide the Appeal within stipulated time period.
Learned counsel for the opposite parties has not raised objection. He further submitted that as per the instructions received from the department, the appeal is still pending.
Considering the submission of counsel for applicant, the O.A. is disposed of at admission state itself with direction to Opposite party no. 2/Appellate Authority to consider and decide the Appeal of the applicant strictly in accordance with Rule/law and by passing a reasoned and speaking order within a period of 60 days from the date of receipt of copy of the order.
It is made clear that we have not expressed any opinion on the merit of the case.
Accordingly, pending MA also stands disposed of.