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W.P No.12244/2009
07.05.2010
Heard Shri A. D. Mishra learned counsel for the petitioner,
on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by the
show cause notice issued by respondent no.4 proposing imposition
of a penalty of stoppage of one advance increment with non-
cumulative effect for a period of one year.
During the pendency of the petition the petitioner has filed an
application I.A No.4740/2010 seeking amendment in the petition
stating that the disciplinary authority has, in the meanwhile, passed
an order dated 26.12.2009 imposing penalty upon the petitioner.
The aforesaid application for amendment is allowed and the
facts stated therein are taken into consideration.
Admittedly, the petitioner has an alternative statutory
efficacious remedy of filing an appeal against the impugned order
dated 26.12.2009 before the appellate authority. It is also settled
that this Court does not sit as a fact finding or a disciplinary
authority in departmental proceedings and in such circumstances
as the petitioner has raised several issues relating to disputed
questions of facts, he is required to file an appeal against the
impugned order as provided by the statutory provisions/rules.
In the circumstances, the petition filed by the petitioner is
disposed of with liberty to the petitioner to file an appeal against the
impugned order dated 26.12.2009 before the appellate authority. It
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is made clear that the petitioner shall be at liberty to take up all
issues including those taken up in the present petition before the
appellate authority. In case the petitioner files such an appeal
within fifteen days from today alongwith a copy of the order passed
today alongwith a copy of the petition, the appellate authority shall
consider and decide the same expeditiously in accordance with
law.
With the aforesaid liberty, the petition stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-