Writ petitioner challenged non-disposal of an appeal against suspension. The court directed the 2nd respondent to dispose of the pending appeal within two months strictly according to law.
Direction to 2nd respondent to dispose of the appealing filed by petitioner within two months strictly according to law.
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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.17913 of 2019
Order :
This writ petition is filed for the following relief:
‘……to declare the action of the second respondent in not disposing petitioner’s appeal No.1 of 2019 which is filed on 16.08.2019 against the suspension order, dated 13.07.2019 issued by the 4th respondent is illegal and arbitrary’.
The case of the petitioner is that, he joined in the third respondent-Cooperative Society on 01.05.1987; on certain allegations, the 4th respondent passed the suspension order against him on 13.07.2019; however, no notice was issued to the petitioner by the 4th respondent before issuing the suspension order; challenging the same, the petitioner filed an Appeal before the 2nd respondent on 16.08.2019 and the same is pending before him; even the respondents are not paying the subsistence allowance to the petitioner. Hence, the Writ Petition.
Sri K. Chidambaram, learned counsel appearing for 2nd and 4th respondents submits that the petitioner is responsible for non-disposal of the Appeal, which is pending before the 2nd respondent and that the petitioner is seeking time in the matter; hence, prays to dismiss the writ petition.
In the facts and circumstances of the case, without going into the merits of the case, the 2nd respondent is directed to dispose of the Appeal, dated 16.08.2019 filed by the petitioner, strictly in accordance with law, as expeditiously as possible, preferably within a period of two(2) months from the date of receipt of a copy of this order. The petitioner shall cooperate
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with the disposal of the appeal before the 2nd respondent and
shall not ask for any adjournment in the matter.
Accordingly, this Writ Petition is disposed of. There shall
be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J.
Date: 09.12.2019 BL
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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No. 17913 of 2019
Dated : 09.12.2019
BL
1 issue framed by the court
Whether the Appellate Authority directed to dispose of the pending appeal expeditiously.
Petitioner
2nd Respondent
4th Respondent
Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
