Manesh Deore vs Union Of India & Ors.

Per: Shri Justice M.G. Sewlikar, Member (J)

We have heard learned counsel for the applicant and learned counsel for the respondents.

Learned counsel for the applicant submits that the punishment of recovery of Rs.3,19,756/- has been awarded on the applicant after holding inquiry. The applicant preferred appeal against the said order on 27^th October, 2025 (Annexure A-7). The respondents have yet not decided the appeal.

Learned counsel for the respondents submits that the respondents be granted two weeks time to file the reply.

Learned counsel for the applicant submits that the respondents be directed not to proceed with the recovery till the decision of the appeal to which learned counsel for the respondents strongly opposes contending that no hardship will be caused to the applicant if the recovery continues and it can always be refunded him if the OA is allowed.

In view of the above, the respondents are directed to decide the appeal of the applicant dated 27^th October, 2025 within a period of six weeks from the date of receipt of a certified copy of this order by passing a reasoned and speaking order in accordance with the applicable rules, circulars, OMs, Notifications etc. and intimate the decision on the appeal to the applicant within two weeks thereafter.

Till then, the respondents shall not recover the amount in terms of the order dated 09^th September, 2025 (Annexure A-1).

It is made clear that we have not made any observation on the merits of the matter.

The Original Application stands disposed of. No costs.

After passing of the order, Shri D.M. Shukl, learned counsel for the applicant submits that it is always very difficult for him to convince Member (A). Therefore, Member (A)recuses himself from hearing all the cases where Shri D.M. Shukl is appearing.