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Judgment
We have heard the learned counsel for the parties.
On the last date of hearing, we had directed the respondents to seek instructions and inform us as to by what time the statutory/non-statutory complaint filed by the applicant can be decided. Today, learned counsel for the respondents along with the Officer-in-Charge, Legal Cell informs us that they may require at least six months' time to decide the statutory complaint. However, learned counsel appearing for the applicant vehemently argued that the respondents may decide the statutory complaint but till that time, retirement of the applicant should be kept in abeyance.
We have considered the rival contentions and we find that the statutory complaint of the applicant (Annexure A-2) was filed on 10.11.2020. More than four months have passed since then and, therefore, interest of justice would be met in case the statutory complaint (Annexure A-2) is directed to be decided by the Competent Authority within a period of two months from the date of receipt of a copy of this order.
As far as granting interim protection from retirement of the applicant is concerned, we are of the considered view, that the said prayer cannot be accepted, for the simple reason that in case the statutory complaint is allowed, the Competent Authority, irrespective of the retirement of the applicant, will have to grant consequential benefits to the applicant and to that effect, necessary orders can be passed by the Authority deciding the statutory complaint. That apart, ultimately in case the applicant is aggrieved by the manner in which the statutory complaint is decided, he may take recourse to the remedy available under law and the forum, where the proceedings are initiated, can also grant him the consequential benefits in case his application or petition filed is ultimately allowed.
Taking note of the aforesaid, for the present, without interfering with the retirement of the applicant, we dispose of the matter with a direction to the Competent Authority to decide the statutory complaint as directed hereinabove.
OA stands disposed of in the above terms.