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Judgment
The instant writ petition has been filed by the petitioner challenging the orders dated 9th December, 2019 and 1 st April, 2020.
Learned counsel for the petitioner - Mr.Hemant Taylor submitted that though the petitioner has filed the Appeal No.157/2020 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short "the Tribunal") to challenge the order dated 9th December, 2019, however, on account of non-functioning of the Tribunal during the COVID period and further, issuance of recovery order dated 1st April, 2020, the present writ petition was filed by the petitioner for seeking the aforesaid relief.
Learned counsel submitted that due to pendency of the appeal, the respondents have deducted two installments of recovery amount from salary of the petitioner and as such, this Court is required to interfere in the present matter.
Learned counsel also submitted that no fact finding enquiry was conducted by the respondents before issuing the impugned orders and as such, the entire recovery proceedings is vitiated in the eye of law.
This Court asked learned counsel for the petitioner to inform the next date of hearing before the Tribunal and he informed this Court that the next date in the appeal is fixed on 5 th October, 2020.
This Court finds that once the matter is sub-judicious before the Tribunal, it would not be appropriate to exercise the writ jurisdiction. However, the petitioner is at liberty to raise all his grievances before the Tribunal and further, the petitioner is permitted to make submissions on his application for interim relief/stay application pending before the Tribunal.
Accordingly, the present writ petition is not entertained against the orders dated 9th December, 2019 and 1st April, 2020, however, the Tribunal is directed to take-up the stay application for consideration on the next date of hearing, i.e. 5 th October, 2020 and if for any reason, the appeal is not taken-up on 5th October, 2020, the Tribunal should give the next date and decide the stay application in expeditious manner.
With the aforesaid directions, the present writ petition is dismissed.