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Rameshwar Prasa Chaturvedi v. Regional Manager, Regional Office And Another - WRIT - A No. 18035 of 2006  RD-AH 7635 (12 April 2006)
Civil Misc.Writ Petition No. 18035 of 2006
Rameshwar Prasad Chaturvedi .....Petitioner
Regional Manager, Regional Office, Thapar
Plaza Building, G.T.Road, Ghaziabad & another .....Respondents
Hon'ble S.Rafat Alam, J.
Hon'ble Sudhir Agarwal,J.
In the instant writ petition the petitioner is aggrieved by the Office Orders dated 2.2.2006, 24.2.2006 and 7.3.2006 whereby the Regional Office was instructed to take steps on priority basis for recovery of the amount of penalty from the petitioner.
Learned counsel for the petitioner submits that against the order by which the penalty was imposed on the petitioner, statutory appeal is preferred before the competent authority and, therefore, if the amount during the pendency of the appeal is recovered, the appeal itself would lost its efficacy and would become infructuous.
When the matter was earlier heard on 3.4.2006 the operation of the impugned orders, contained in Anneuxre-5 to the writ petition, was stayed and the learned counsel appearing for the respondents was given time to get instruction in the matter and file counter affidavit.
Sri Manish Goyal, learned counsel has appeared today on behalf of the respondents-Insurance Company and filed vakalatnama on their behalf. He does not propose to file counter affidavit and submits that on account of the alleged act of the petitioner the insurance Company has suffered loss and, therefore, in a regular proceeding when it was proved that the loss has been caused on account of his act, the order of recovery was made by way of punishment apart from reduction of basic pay by four stages in the time scale. Sri Manish Goyal also could not effectively oppose the submission made on behalf of the petitioner that the amount should not be realized during the pendency of the appeal, otherwise the appeal itself would become infructuous.
Having regard to the facts of the case and also in view of the fact that the statutory appeal is pending in respect of imposition of penalty, it would be appropriate that the recovery should be kept in abeyance until the disposal of the appeal.
Sri Manish Goyal, learned counsel appearing for the respondents further submits that the appeal would be decided within one month.
We, accordingly, dispose of this writ petition, at this stage, with the direction that the appeal of the petitioner shall be disposed of, as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order and till then the amount of penalty which is subject matter of challenge in the appeal shall not be realized until the disposal of the appeal. It is, however, made clear that the order in respect of reduction of basic pay by four stages in the time scale is not stayed and the same may be given effect to which would be subject to the result of the appeal.
The writ petition stands disposed of finally.
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