Writ Petition No.10889/2010 (S) 6.9.2010
Shri Vipin Yadav, learned counsel for the petitioner.
Heard.
Challenge put-forth by the petitioner in the present
petition under Article 226 of the Constitution of India is to an
order dated 19.6.2010; whereby, petitioner, a Conductor, M.P.
Road Transport Corporation has been visited with a penalty of
dismissal from service on the basis of charges leveled and
proved against him in departmental enquiry.
It is submitted by learned counsel for the petitioner that
an appeal preferred by the petitioner is pending consideration
before Managing Director vide Annexure P-3; however, the
same is not being considered expeditiously.
It transpires that the appeal was preferred on 19.7.2010
and the petitioner has rushed to this Court within a period of
15 days by filing this petition on 8.8.2010 without giving any
breathing time to the appellate authority to consider the
appeal.
Be that as it may. Since the petitioner has already
preferred an appeal against the impugned order of penalty the
petitioner is set at liberty to approach the appellate authority
for the early disposal of appeal. The appellate authority is
also expected of dwelling upon the appeal preferred by the
petitioner and decide the same as expeditiously as possible
and preferably within a period of three months from the date
of communication of this order.
2
With the above observation, the appeal is finally
disposed of.
C.c. as per rules.
(SANJAY YADAV)
JUDGE
Vivek Tripathi