Chandrashekhar Poddar, S/o-Late Laxmi Narayan Poddar v. State of Jharkhand
2017-03-27
PRAMATH PATNAIK
body2017
DigiLaw.ai
Pramath Patnaik, J.: In the accompanied writ application, the petitioner has inter alia prayed for quashing order dated 06.10.2016, whereby the concerned authorities has ordered for adjustment of Rs. 6,31,017.24 from the salary of the petitioner and also for quashing order dated 04.11.2016 issued by respondent no. 4, whereby the concerned authorities has turned down the prayer for stay of recovery from the salary from the petitioner till the pendency of the appeal and further for direction upon the respondent no. 2 to dispose of the appeal filed against order dated 20.5.2013 and for stay of order of recovery till disposal of the departmental appeal. 2. Learned counsel for the petitioner submits that the petitioner has filed appeal on 27.06.2013 against order dated 20.5.2013 before the appellate authority i.e. Commissioner, Singhbhum (Kolhan) Division, which is still pending. After some argument, learned counsel for the petitioner submits that if a direction is issued upon the appellate authority to dispose of the appeal within a stipulated time and till disposal of the appeal order of recovery is stayed, the grievance of the petitioner shall be redressed. 3. Learned counsel for the respondents raised no serious objection to the prayer made by learned counsel for the petitioner. 4. In view of the submissions advanced by learned counsel for the parties, without delving into the merit of the case, it would be apposite to dispose of the writ application with a direction to appellate authority-respondent no. 2 to dispose of the appeal within a period of two months from the date of receipt/production of copy of this order and it is further directed that till the date appeal is disposed of, the impugned order of recovery shall remain stayed. 5. With the aforesaid direction, the writ petition stands disposed of.