Chattisgarh High Court
Ramesh Kumar Jain vs President, Devanand Jain Higher ... on 11 March, 2002
Equivalent citations: [2002(94)FLR375], 2002(2)MPHT41(CG)
ORDER Fakhruddin, J.
1. Heard.
2. The grievance of the petitioner is that his services have been terminated and the departmental appeal dated 6-10-2000 (Annexure P-3) is pending with the Director/respondent No. 2, which has not been disposed of in spite of the representations made, Annexures P-1 and P-5.
3. It is pointed out that the appeal ought to have been decided as early as possible and no reason is there for not deciding the same.
4. A Statute provides appeal as alternative efficatious remedy and the appellate authority also being there the appeal preferred must be decided as early as possible so as to make the provision of appeal effective, yet it remains pending for years which is not at all the Healthy Practice. The State is obliged to see that the authorities enjoined with power to hear and decide the appeal must find out time and should see that the matter is decided expeditiously especially where the services of an earning member are terminated. The delay defeats the very object of statutory appeal. In case the appeal is dismissed the appellant may pursue further remedy and in case the appeal is allowed but after lapse of years, it causes burden on State in case of reinstatement with backwages. The appellate authorities should be reminded of their duties. If needed, proper training of workshop should be conducted.
5. Having considered the facts and circumstances and material available on record, the appeal preferred shall be decided by the appellate authority i.e., respondent No. 2 as early as possible within a period of six weeks from the date of production of the certified copy of this order and the report shall be submitted to the Registrar of this Court regarding compliance of the order. The parties to the appeal shall co-operate.
6. On failure of the aforesaid compliance, proper orders shall be passed.
7. With the aforesaid observations, this petition is disposed of at this stage.