Heard learned counsel for the petitioner and Sri Anuj Tandon, learned counsel for the opposite parties.
By means of present writ petition, petitioner has challenged the order dated 23.03.2021, which is the order of punishment. This order of punishment was passed after holding the departmental proceedings under Regulation 16(3) of the U.P. State Warehousing Corporation Staff Regulation, 1962.
At the very outset, Sri Anuj Tandon, learned counsel for the opposite parties submitted that present writ petition is not maintainable as the statutory remedy is available to the petitioner under Regulation 21 of U.P. State Warehousing Corporation Staff Regulation, 1962. It is also stated that the petitioner has already preferred the appeal, which is pending consideration.
In response, learned counsel for the petitioner submitted that till date neither the appeal nor the application for interim relief, which has been filed alongwith the appeal has been decided by the opposite parties and they are adamant to recover the amount mentioned in the impugned order and they have already recovered certain amount from the salary of the petitioner as such the writ petition may be entertained and appropriate order be passed in the interest of justice.
In reply, Sri Anuj Tandon, learned counsel for the opposite parties, on the basis of instructions received, submitted that pending appeal would be decided expeditiously say within a period of three months.
Considering the facts and circumstances of the present case, the writ petition is disposed of with the direction that the pending appeal of the petitioner shall be decided expeditiously say within a period of three months from the date of production of certified copy of this order. Till the disposal of the appeal of the petitioner, no recovery shall be made against the petitioner pursuant to the order dated 23.03.2021 passed by the opposite party No.3-Managing Director, U.P. State Warehousing Corporation, Head Office, New Hyderabad, Lucknow, contained as Annexure No.1 to the writ petition.
Order Date :- 7.5.2021 Vinay/-