Mohammed Nafees vs State of Raj. and Others

Ajay Rastogi, J.—The Petitioner who is serving as Nurse Grade-II, his grievance is that the appeal which was preferred by Respondent-3 the learned Tribunal disposed of at the stage of motion vide order dt.14.02.2011 granting him permission of making representation and two months has further been granted to Respondent authority to consider and pending disposal of representation, operation of order to which he was said to be aggrieved has been kept in abeyance.

Counsel submits that what was observed by the learned Tribunal under the order impugned is without issuance notice to the Petitioner and in such circumstances the representation which will be made by Respondent-3 pursuant to order of the learned Tribunal, any order is passed on the representation (supra) by competent authority may cause prejudice to the Petitioner which will be in violation of principles of natural justice.

The learned Tribunal under the order impugned after taking into consideration the submissions made by Respondent-3 Appellant before the Tribunal has only made observation granting permission of making representation and at the same time the authority competent was also directed to decide the same within two months. No finding has been recorded while disposing of the appeal preferred by Respondent-3 under the order impugned dt.14.02.2011 which in no manner may cause any adverse effect to the Petitioner, but in the interest of justice taking note of the submissions made by the counsel for Petitioner, this Court considers it appropriate to grant permission to the Petitioner to make representation before the competent authority and it is expected from the authority to examine the representation of not only Respondent-3 Appellant before the Tribunal in Appeal-346/2011 but also of the Petitioner and decide the same as directed by the Tribunal in accordance with law.

With these directions/observations, the petition stands disposed of.