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Judgment
O R D E R
Heard Shri Sunil brief holder of Shri Ashish Srivastava, learned counsel for the applicant and Shri K.K. Ojha, learned counsel for the respondents.
This OA has been filed seeking relief to quash the impugned order dated 14.09.2011 passed by respondent No. 3. There is an MA No. 3675/2014 for condonation of delay in filing the OA.
The brief facts of the case is that during the period from 21.09.2010 to 25.09.2010 while deployed for operation of DHF to Quenching Machine was suddenly served with a charge sheet on 08.10.2010 alleging him guilty as he was not found mentally involved with the work though the operation of the machines are required extreme care and devotion. As reported by the Senior Section Engineer the aforesaid act of the applicant express carelessness and negligence amounting to the violation of Rule 3 (1) (ii) (iii) of the Railway Servant Conduct Rules, 1966, and after his reply on the charge sheet, penalty was imposed vide order dated 14.09.2011 and the applicant preferred an appeal before respondent No. 2 on 12.10.2011 against the aforesaid penalty awarded to the applicant on various grounds. As the said appeal dated 12.10.2011 was not decided in time, the applicant filed this OA on 17.08.2014.
Pleadings of the parties are on record. Heard learned counsel for the parties on the question of delay (MA No. 3675/2014). As there is only technical delay, but it is also noted that the appeal of the applicant is still pending with the authorities, which is a matter of great concern as very long time has passed since then. In the counter affidavit and in the counter affidavit to the limitation the existence of that appeal and its pendency is not denied. In the fitness of things the ends of justice will be met if direction is given to the authorities to decide the pending appeal of the applicant within a time bound manner and hence, following order is made:
“Appeal is admitted. Delay is condoned. Authorities are directed to dispose of the appeal of the applicant dated 12.10.2011 within a period of three months by passing speaking order, form the date of receipt of a certified copy of this order.”
With the aforesaid direction the OA is disposed of. No costs.
It may be noted that I have not gone into the merits of this case.