Surjit Singh vs State of Punjab and Others

Ajai Lamba, J.—This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of mandamus, directing respondent No. 1 i.e. State of Punjab through Secretary, Transport Department, Government of Punjab, to decide the statutory appeal filed by the petitioner vide Annexure P-2. The petition further prays for issuance of a writ in the nature of certiorari, quashing Order dated 27.7.2009 (Annexure P-1) vide which major penalty has been imposed on the petitioner.

Learned Counsel for the petitioner contends that the petitioner, under the rules, had the right to file statutory appeal which has been filed vide Annexure P-2, however, no decision thereon has been taken although the same is pending adjudication since August 2009.

Notice of motion.

On the asking of the Court, Mr. B.S. Chahal, Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. Requisite number of copies of the writ petition have been handed over to learned Counsel for the respondents in Court.

On request of learned Counsel for the parties, the matter is taken up at this stage itself for final adjudication in view of the peculiar facts and circumstances of the case.

Considering the facts and circumstances of the case, in particular, the fact that appeal is pending adjudication before respondent No. 1, writ in the nature of certiorari cannot be issued for quashing order Annexure P-1. The petitioner, however, has a right to expeditious disposal of the appeal as effect of order Annexure P-1 is prejudicial to the rights of the petitioner.

In view of the facts and circumstances of the case, this petition is disposed of with direction to respondent No. 1 to take decision on the statutory appeal (Annexure P-2) of the petitioner within a period of three months from the date of receipt of a certified copy of this order.

It is made clear that the petitioner shall be given an opportunity of hearing before final order is passed. The order is required to be a speaking and reasoned order which would be conveyed to the petitioner.