1. Writ Petition No.10424(SS) of 2019 filed by the petitioner was disposed of finally vide order dated 12.04.2019 as under:-
"At the outset learned counsel for the petitioner has submitted that against the order dated 31.7.2008 the petitioner has filed an appeal / representation dated 3.3.2010 and its reminder dated 20.10.2018 but the said appeal has yet not been decided by the opposite party no. 1. However, the petitioner has retired from service on 31.3.2019, therefore, learned counsel for the petitioner has submitted that on account of impugned order dated 31.7.2008 the petitioner has been suffering a lot and non-disposal of his appeal which is pending since 3.3.2010 is absolutely unwarranted on the part of opposite party no. 1.
This Court is unable to comprehend as to why the Appellate Authority uses to keep the statutory appeals pending for substantially long period and this Court feels that there should be specific check and balance on the aforesaid statutory power of the Appellate Authority. This Court takes strong exception of the inaction of the Appellate Authority, if the appeal of the petitioner is pending w.e.f. 3.3.2010 without any cogent reasons to that effect.
Since the statutory appeal is pending as per learned counsel for the petitioner w.e.f. 3.3.2010, therefore, the Appellate Authority is directed to consider and decide the said appeal strictly in accordance with law by affording opportunity of hearing to the petitioner and all other parties, if required with expedition, preferably within one month from the date of production of certified copy of this order and the decision thereof be communicated to the petitioner forthwith.
In view of the aforesaid terms, writ petition is disposed of."
2. Pursuant to the notice issued by this Court in the present contempt petition, Sri G.K. Singh, learned Addl. Chief Standing Counsel has tendered a copy of decision dated 26.08.2019 passed by Special Secretary, Alok Yadav on the appeal of the petitioner. The appeal has been rejected as not maintainable on the ground that it was filed beyond limitation of 90 days.
3. In view of the aforesaid decision on the appeal, nothing survives in this petition, which is hereby disposed of as having become rendered infructuous.
Contempt notice stands discharged. However, if the petitioner is aggrieved by the aforesaid decision dated 06.08.2019, he may impugn the same before the competent Court/Forum, if he is so advised and law permits.
Order Date :- 27.8.2019 prateek