1. Heard Ms. Savita Jain, learned counsel for the petitioner and Shri Rishabh Kapoor, learned counsel appearing for U.P. Jal Nigam-opposite parties No. 1 to 3 through video conferencing.
2. With the consent of the learned counsel for the parties this petition is being disposed of finally at this stage.
3. Learned counsel for the petitioner submits that against the order of punishment dated 21.12.2020 passed by the opposite party No. 3, the petitioner has preferred departmental appeal under Rule 11 of the U.P. Government Servant (Discipline & Appeal) Rules, 1999 before the appellate authority/ Managing Director, U.P. Jal Nigam-opposite party No. 2 within time, which appeal has not yet been decided and is pending before the said authority.
4. Grievance of the petitioner is that during the pendency of the departmental appeal, the order under challenge in the said appeal is being implemented for recovery of the amount mentioned therein from the salary of the petitioner.
5. Under the circumstances the petitioner has prayed that his appeal may be directed to be decided by the appellate authority and till the decision of the appeal the order under challenge therein may not be given effect to.
6. Shri Rishabh Kapoor, learned counsel for the opposite parties does not dispute that the departmental appeal is pending before the opposite party No. 3 and submits that the appeal could not be decided due to covid pandemic reasons by the appellate authority. He submits that the appeal would be decided within the specified period as may be directed by this Court.
7. In view of the above, let the departmental appeal of the petitioner be considered and decided by the appellate authority expeditiously and preferably within a period of six months from the date of production of the copy of this order before the appellate authority, in accordance with law after affording opportunity of hearing to all concerned.
8. The petitioner undertakes to cooperate in the hearing of the appeal and that he shall not seek any unnecessary adjournment.
9. Till the decision of the departmental appeal the further operation of the order dated 21.12.2020 passed by the opposite party No. 3 shall remain stayed and shall abide by the final outcome of the departmental appeal.
10. The petitioner is permitted to submit the copy of this order downloaded from the official website of this Court to the appellate authority within a period of one week from today.
11. With the aforesaid observations/ direction, this writ petition is finally disposed of.
Order Date :- 24.5.2021 Mustaqeem